Denver, CO – Mountain States Legal Foundation (MSLF) filed an amicus curiae brief Thursday in support of a Christian small business owner, Lorie Smith. The State of Colorado is trying to force Lorie to construct a website against her will, for the purpose of delivering a message that celebrates same-sex marriage—even though that message contradicts Lorie’s deeply held religious beliefs.
“The First Amendment protects Americans’ freedom not to express government-approved messages,” said MSLF General Counsel, William E. Trachman, “and it is unconstitutional for the state of Colorado to compel private citizens to engage in speech that violates their religious or other sincerely held beliefs.”
Lorie Smith owns and operates 303 Creative LLC, a small Colorado business specializing in graphic design, website design, related marketing, social media management, and consulting services.
She determined that she wouldn’t develop websites that celebrate same-sex marriage, and that doing so would violate her deeply held religious beliefs. Lorie explains on 303 Creative’s website that she declines to create any speech that does not align with her religious values.
Colorado’s Anti-Discrimination Act (“CADA”) generally bars businesses from discriminating based on a person’s disability, race, creed, color, sex, sexual orientation, marital status, and national origin or ancestry. Lorie does not decide which customers to serve on the basis of any of these protected characteristics, and CADA thus should not apply to her.
The government cannot compel people to remain silent or speak, let alone force them to send messages about marriage they believe to be false or morally objectionable. Yet, the state of Colorado is attempting to do just that.
MSLF filed this amicus curiae brief in support of Alliance Defending Freedom’s Petition for a writ of certiorari, which asks the Supreme Court of the United States to hear 303 Creative v. Aubrey Elenis, et al. MSLF wants the opportunity to ask the Supreme Court to overturn an appellate court ruling that went against Smith and issue a broad and emphatic ruling in favor of free speech and religious freedom.
Mountain States Legal Foundation is a nonprofit, public-interest legal foundation dedicated to individual liberty, the right to own and use property, limited and ethical government, and the free enterprise system. Its offices are located outside Denver, Colorado.