Can a Web Designer Refuse To Build a Gay Marriage Website?
Given the current conservative composition of the Supreme Court, it is possible that claims of religious freedom may be utilized to limit the scope of anti-discrimination laws designed to confront the social issues which remain prevalent in our increasingly diverse nation.
November 07, 2022 at 10:00 AM
8 minute read
"Our society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth."
—Justice Anthony Kennedy, Masterpiece Cakeshop v. Colorado (2017)
Lorie Smith disapproves of same-sex marriages on the basis of her religious beliefs. She is the owner and sole employee of 303 Creative LLC, a website design company which claims to serve everyone, regardless of background. This small Colorado company plans to offer design services for wedding websites, but only for opposite sex marriages. Ms. Smith asserts that she is willing to work for gay or lesbian customers to create graphics or websites. However, given her strongly held personal beliefs, she will refuse to offer her services to create marriage websites for same-sex couples. In defense of her beliefs, 303 Creative filed an action to block the application of the Colorado Anti-Discrimination Act (CADA) to this new service on the basis of free speech and free exercise of Ms. Smith's religious beliefs. While 303 Creative's challenge failed in District Court and the U.S. Court of Appeals for the Tenth Circuit, it may find a more receptive hearing next month before the U.S. Supreme Court.
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