The Colorado Catholic Conference applauds the United States Supreme Court’s decision in 303 Creative LLC v. Elenis (2023) which represents a major victory for religious liberty and freedom of speech. The ruling held that the First Amendment protects individuals from government coercion to create speech with which they disagree. The Court found that the State of Colorado could not compel petitioner Lorie Smith, owner of 303 Creative LLC, to create a website that contradicted her well-founded beliefs on marriage.
The Court’s ruling upholds First Amendment rights and should be celebrated by advocates of freedom of speech across the ideological spectrum. No individual or organization should be compelled under the threat of financial or criminal penalty to create a product with a message that violates their well-founded convictions.
The Court found that the far-reaching Colorado Anti-Discrimination Act (CADA) created a “credible threat” from the State of Colorado to compel individuals who own a business that serves the public, to create a message that runs contrary to their sincerely held belief. The Court rightly ruled that such coercion violates the First Amendment of the U.S. Constitution.
Justice Gorsuch, who drafted the majority decision, stated:
“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… as this Court has long held, the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong.”
Indeed, religious liberty, freedom of expression, and freedom of conscience are sacred human rights. America’s Founders enshrined them in the First Amendment of the U.S. Constitution to protect against government overreach. In 303 Creative, the Supreme Court has made clear that these First Amendment rights protect individuals from government coercion to create a message with which they disagree.
The Court’s decision in 303 Creative joins with the ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) in protecting First Amendment rights from coercive speech brought about by CADA. Unfortunately, there is still progress to be made to protect individuals’ religious liberty and freedom of speech rights in Colorado. Three years after the Court’s ruling in Masterpiece Cakeshop, Colorado District Court ruled in Scardina v. Masterpiece Cakeshop (2021) that cakeshop owner Jack Phillips violated CADA when he refused to bake a cake that celebrated a gender transition. The case will soon be heard by the Colorado Supreme Court.
In June 2022, the Colorado Catholic Conference, together with the United States Conference of Catholic Bishops (USCCB) submitted an Amici Curiae brief in support of 303 Creative LLN, asking the Court to “uphold 303 Creative’s right to control its expressive speech” and reverse the lower court’s decision. You can read the brief HERE.
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