Public Advocate To Appeal to Supreme Court To Defend Christian Web Designer
Lorie Smith, owner of 303 Creative, offers website design services. She wants to expand her business to design custom websites for couples planning weddings, and she wants to post a message on her website that says that she will not create wedding websites for same-sex marriages.
To
prevent
an
enforcement
action
against
her,
represented
by
ADF,
she
sued
Colorado,
admitting
that
her
intention
would
run
afoul
of
the
Colorado
Public
Accommodations
Statute.
In
2017,
the
district
court
dismissed
her
claims
against
the
"Accommodation
Clause"
which
prevents
businesses
from
refusing
service
for
lack
of
standing.
It
allowed
her
challenges
to
the
"Communication
Clause"
which
prevents
businesses
from
announcing
they
"discriminate"
to
proceed.
In
2019,
the
district
court
ruled
against
her
challenges
to
the
Communication
Clause.
Her
claims
were
based
on
the
Free
Speech,
Free
Press,
and
Free
Exercise
clauses
of
the
First
Amendment,
and
the
Equal
Protection
and
Due
Process
clauses
of
the
Fourteenth
Amendment.
303
Creative
appealed
to
the
Tenth
Circuit.
On
July
26,
2021,
the
Tenth
Circuit
ruled
against
303
Creative,
affirming
the
lower
court.
The
court
of
appeals
rejected
303's
First
Amendment
challenges,
holding
that
the
Colorado
Anti-Discrimination
Act
has
an
accommodations
clause
which
is
narrowly
tailored.
On
September
24,
2021,
303
Creative
filed
a
petition
for
certiorari
(attached)
with
the
Supreme
Court,
seeking
review
of
its
challenge
to
the
Colorado
public
accommodations
statute.
Public Advocate plans to properly file an amicus brief in support of 303 Creative's Lori Smith and our Public Advocate brief will seek to broaden the application of the ruling wider. Public Advocate will explain the flawed historical basis of these modern "public accommodation" laws. We have written similar briefs before.
The
company
has
already
appealed
to
the
Supreme
Court,
and
PA's
brief
will
join
the
appeal
to
consider
the
case.
Only
four
people
voting
in
the
affirmative
is
needed
to
accept
for
review.
The
Federalist
reports:
" Lawyers representing a Colorado web designer who was slapped with a gag order in July that forced her to celebrate causes she believes are wrong filed a petition to appeal the case in the U.S. Supreme Court on Friday.
Lorie Smith, the founder of 303 Creative, lost a 2-1 ruling in the U.S. Court of Appeals for the 10th Circuit which mandated that she create custom graphics and websites for LGBT customers despite messages that contradict her religious convictions.
"This
case
involves
quintessential
free
speech
and
artistic
freedom,
which
the
10th
Circuit
astonishingly
and
dangerously
cast
aside
here,"
Kristen
Waggoner,
the
general
counsel
for
the
First
Amendment
legal
foundation
Alliance
Defending
Freedom,
which
has
taken
on
Smith's
case,
said
in
a
press
call
with
reporters.
"The
government
shouldn't
weaponize
the
law
to
force
a
web
designer
to
speak
messages
that
violate
her
beliefs."
The
initial
case
was
launched
as
a
pre-enforcement
challenge
to
Colorado's
Anti-Discrimination
Act
(CADA),
the
same
law
weaponized
to
go
after
a
Denver-area
cake
artist
for
refusal
to
design
a
custom
cake
for
a
same-sex
wedding
and,
more
recently,
a
gender
transition.
The
law
prohibits
any
business
that
offers
public
services
from
discrimination
based
on
race,
religion,
gender,
or
sexual
orientation.
Smith
challenged
the
law
after
she
received
an
inquiry
for
a
website
for
a
same-sex
wedding
but
did
not
respond
to
the
order
to
avoid
violating
CADA,
"
The
Federlist
reports.
PHOTO: PUBLIC ADVOCATE'S CAKE BAKER SINGERS PERFORMED 100 TIMES AT THE SUPREME COURT
Photo credit to Alliance Defending Freedom website of Lori Smith