Supreme Court rules web designer can refuse to make same-sex wedding sites

The nation’s highest court sided Friday with a Christian website designer who wanted to expand her business into wedding websites without being forced to design sites for same-sex couples.

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In a 6-3 decision, the Supreme Court ruled in favor of Lorie Smith, owner of 303 Creative LLC, in a case over Colorado’s anti-discrimination law. The court found, “The First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.”

“In this case, Colorado seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance,” Justice Neil Gorsuch wrote in the court’s majority opinion. “The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands.”

In a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, Justice Sonia Sotomayor wrote, “Our Constitution contains no right to refuse service to a disfavored group.”

“The First Amendment does not entitle petitioners to a special exemption from a state law that simply requires them to serve all members of the public on equal terms,” she wrote. “Such a law does not directly regulate petitioners’ speech at all, and petitioners may not escape the law by claiming an expressive interest in discrimination.”

President Joe Biden expressed concern over the decision.

“In America, no person should face discrimination simply because of who they are or who they love,” the president said in a statement.

“The Supreme Court’s disappointing decision in 303 Creative LLC v. Elenis undermines that basic truth, and painfully it comes during Pride month when millions of Americans across the country join together to celebrate the contributions, resilience, and strength of the LGBTQI+ community.”

Biden said the decision could “invite more discrimination” against LGBTQ people.

He added that he will work with states to “fight back against attempts to roll back civil rights protections that could follow this ruling” and urged Congress to pass the Equality Act, which is a national LGBTQ rights bill.

“When one group’s dignity and equality are threatened, the promise of our democracy is threatened and we all suffer,” he said.

Smith said she did not want to make sites celebrating same-sex marriages, which she tied to her religious beliefs. She claimed that Colorado’s anti-discrimination law violated her right to free speech over such marriages. In a court filing, attorneys for Smith argued that the law could not be used to force people “to convey government-approved messages.”

“Smith does not discriminate against anyone, but only declines to speak certain messages,” attorneys wrote.

The state argued that the law “requires businesses open to the public to sell their goods and services to all customers regardless of protected characteristics.”

The Supreme Court heard arguments over the case, 303 Creative LLC v. Elenis, in December 2022.