Lorie Smith, owner and founder of 303 Creative (adfmedia.org)
CV NEWS FEED // On June 30, the U.S. Supreme Court ruled 6-3 in favor of Lorie Smith, a Christian website designer, stating that the First Amendment prevents state governments from compelling people to create speech in violation of their religious beliefs.
As Erika Ahern of CatholicVote reported:
In 303 Creative LLC v. Elenis, the Alliance Defending Freedom (ADF) represented Lorie Smith in challenging a so-called “anti-discrimination” law in Colorado that would force her to create websites celebrating marriages “that defy her belief that marriage should be reserved to unions between one man and one woman.”
Later that day, the United States Conference of Catholic Bishops issued a statement praising the decision stating, “Religious freedom means nothing if it does not extend to the public square. And the public square is better off when religion is welcome there.”
Many notable Catholics also weighed in on 303 Creative. Here are some of their reactions.
Rubio, Florida’s senior senator and a lawyer, applauded the decision shortly after it was announced on Friday afternoon. “Finally, common sense is returning to public life,” he wrote. “The Supreme Court got it right in 303 Creative v. Elenis.”
Finally, common sense is returning to public life
— Senator Marco Rubio (@SenMarcoRubio) June 30, 2023
“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.”
The Supreme Court got it right in 303 Creative v. Elenis
>> EXCLUSIVE LOOPCAST INTERVIEW WITH SEN. MARCO RUBIO <<
Ethics and Public Policy Center (EPPC) President Ryan T. Anderson congratulated the Alliance Defending Freedom (ADF) for their successful representation of Smith.
Anderson is a leading Catholic intellectual who advocates for the defense of marriage. He is also the author of several books, including What is Marriage? and When Harry Became Sally.
Congratulations @ADFLegal on another Supreme Court win!
— Ryan T. Anderson (@RyanTAnd) June 30, 2023
"The First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees."
Whelan, Anderson’s predecessor as EPPC President, responded to accusations made by several left-wing activists that Smith “refused to serve gays.”
“Even Colorado agreed that’s not true,” he said, citing the facts of the case. Whelan explained that Smith’s issue was not with anyone she was serving but instead with being forced by her home state to create content that violated her Christian faith.
Lots of folks are making false claim that Lorie Smith, owner of 303 Creative, refused to serve gays. But even Colorado agreed that's not true. She'll serve any customer so long as requested custom graphics don't violate her beliefs, and she won't serve any customer if they do. pic.twitter.com/TwzaUZYtoQ
— Ed Whelan (@EdWhelanEPPC) June 30, 2023
Saturday, National Review senior writer Dan McLaughlin refuted another leftist activist’s claims that the 303 Creative ruling was “teed up” by the Court to “gut LGBTQ+ rights.” He stated that instead, the case was simply the result of the state of Colorado passing a law targeting Christians – and Smith successfully suing to stop them.
Who made the 303 Creative case happen?
— Dan McLaughlin (@baseballcrank) July 1, 2023
1. The State of Colorado, by its record of enforcement proceedings & its public acknowledgement that it intended to go after Lorie Smith for her proposed course of action.
2. Smith, who took them to court over it.
3. The Alliance… https://t.co/5P8OptrDtx
On Sunday, McLaughlin debunked another leftist accusation. “Anybody telling you there was no standing in 303 Creative…is outright lying to you about the case. Colorado’s threat of enforcement” of their so-called anti-discrimination” law “was real.”
Anybody telling you there was no standing in 303 Creative, or that standing was premised upon some fact that was false, is outright lying to you about the case. Colorado's threat of enforcement was real, live, defended in court for 7 years, & amply supported by its conduct.
— Dan McLaughlin (@baseballcrank) July 2, 2023
Carrie Severino, the President of Judicial Network (JCN), said that the Court’s 6-3 decision “reaffirms a fundamental principle in American constitutional law—the right to not be compelled to speak under the First Amendment.”
The Court's 6-3 decision today in 303 Creative reaffirms a fundamental principle in American constitutional law—the right to not be compelled to speak under the First Amendment. 🧵/1
— Carrie Severino (@JCNSeverino) June 30, 2023
She continued saying that the Colorado law in question was “employed as a vehicle of coercion—in this case, targeting Lorie Smith, a graphic designer who did not want to create a website for a same-sex wedding based on her religious beliefs.”
Referencing the Court’s 2018 Masterpiece Cakeshop ruling, which held that a similar Colorado law violated a Christian business owner’s First Amendment rights, Severino stated, “The Court has a long line of precedents prohibiting compelled speech and viewpoint discrimination. Colorado ran afoul of those principles in its treatment of Smith.”
In summary, she concluded that Smith’s victory
broadens the Supreme Court’s recognition of First Amendment principles that protect the freedom of conscience. It also extends its line of victories in recent years protecting religious freedom and expression.
This latest victory broadens the Supreme Court’s recognition of First Amendment principles that protect the freedom of conscience. It also extends its line of victories in recent years protecting religious freedom and expression. /5
— Carrie Severino (@JCNSeverino) June 30, 2023
Severino is the co-author of Justice on Trial, the best-selling account of the confirmation of Justice Brett Kavanaugh.
Severino’s husband, Roger, is the Vice-President of the Heritage Foundation, a Senior Fellow at EPPC, and was the director of the Office of Civil Rights at the Department of Health and Human Services (HHS) during the Trump Administration.
He tweeted: “Government knows rightly that we tend to become what we profess. If government can force you to speak untruths about about [sic] something as important as marriage, it can do just about anything.”
My take away from the 303 Creative decision. Government knows rightly, that we tend to become what we profess. If government can force you to speak untruths about about something as important as marriage, it can do just about anything.
— Roger Severino (@RogerSeverino_) June 30, 2023
CatholicVote President Brian Burch hailed the ruling saying, “Perhaps we will finally see an end to government persecution of Christian florists, bakers, and photographers.”
In a nod to CatholicVote’s nature as a political advocacy organization, he added, “This is why elections matter. That’s why it’s critical to get good people elected to the Senate, the White House – to continue to get justices like Barrett, Kavanaugh, and Gorsuch confirmed.”
Editor of the LOOP and CatholicVote Director of Communications Josh Mercer said that “For many years, the Supreme Court has sided with religious liberty, but sometimes the victories were too narrow.”
Echoing Burch, he said, “This would invite further legal challenges against Christian florists, bakers and now website builders.”
It’s called lawfare – in which one side (the LGBT community) uses years of lawsuits to punish small Christian-based store owners who don’t want to be forced into celebrating something that violates their faith.
Let us hope that this sweeping Supreme Court decision will put an end to the constant legal attacks of the last decade.
CatholicVote Director of Governmental Affairs Tom McClusky hoped that 303 Creative is “the final victory that protects the targeting of people of faith to force them to condone actions they disagree with.”
First, they went after the florists, then the bakers, and now the website designers. Thank God, literally, for Alliance Defending Freedom and the work they do.
This isn’t about discrimination but about right and wrong, and the court got this right.