The Supreme Court analyzes another key case for the rights of the LGBTQ community

By Lawrence Hurley -

For Lorie Smith, her lawsuit is a battle for free speech.

For her opponents, it's an effort to weaken laws designed to combat discrimination against the LGBTQ community.

Smith, a conservative evangelical Christian who opposes same-sex marriage and runs a business in Colorado designing web pages, including weddings, is suing the state because she wants to accept clients planning opposite-sex weddings, but rejects requests from same-sex couples seeking the same service.

Smith has not been penalized for refusing to design websites for these couples

, but she filed the lawsuit on the premise that she could be.

Smith poses in his office on November 7 in Littleton, Colorado. David Zalubowski / AP

Her case has reached the Supreme Court, which on Monday will hear her arguments to prevent her from being punished under Colorado's anti-discrimination law for refusing to design web pages for same-sex weddings.

Smith argues that, as a creative professional, she is entitled to free speech, under the First Amendment to the Constitution, to refuse to do work that conflicts with her own opinions.

Civil rights groups counter that Smith is asking the conservative-majority Court for a "license to discriminate" that would seriously disregard

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This case is the latest example of the longstanding conflict over the 2015 Supreme Court ruling legalizing same-sex marriage, which conservative Christians continue to vehemently oppose, even as Congress has moved to enact legislation. with bipartisan support that shields protections for equal marriage.

Smith, whose business is called 303 Creative, said in an interview that she has always been drawn to creative endeavors, but also strongly believes that "marriage is between a man and a woman, and that union is important." .

Represented by the conservative Christian legal group Alliance Defending Freedom, Smith sued the state civil rights commission in 2016 over concerns she could be penalized under its anti-discrimination law.

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Lower courts ruled against Smith, prompting her to appeal to the Supreme Court.

Smith says that due to the threat of law enforcement,

, though she insists that she accepts assignments from clients "from all walks of life," including LGBTQ people.

"The court should not put anyone in the situation that I have been put in: force someone to create custom artwork that goes against their essence or face punishment," he said.

The case gives the Supreme Court, which now has a 6-3 Conservative majority, a second chance on a legal issue it considered but never resolved, when it ruled a similar case in 2018 in favor of a Christian baker, also from Colorado, who refused to bake a cake for a gay couple. 

The court then ruled that the baker, Jack Phillips, did not receive a fair hearing before the Colorado civil rights commission, because there was evidence of anti-religious bias.

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The 2018 ruling left undecided the broader issue now being raised in Smith's case.

If the Supreme Court rules in favor of Smith, some business owners would have an exemption from elements of 29 state laws that protect LGBTQ rights in public accommodations in some way.

The remaining 21 states do not have laws that explicitly protect the rights of LGBTQ people in public accommodations, although some local municipalities do.

"If the Supreme Court grants an exemption for what is considered artistic and creative, it will have blown a huge hole in our anti-discrimination principles," said Louise Melling, an attorney with the American Civil Liberties Union (UCLA).

A decision that could affect other areas

This decision could have repercussions in other areas,

, he added.

A brief filed by public premises law experts says Colorado law regulates conduct, not speech, and that a ruling in Smith's favor "would inflict widespread and irreparable damage to the very architecture of anti-discrimination law." ".

Smith has accepted assignments on a wide range of topics, including a law firm dealing with divorce and marijuana issues, and no one would assume that he endorses those clients' messages, experts say.

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State officials have said in court documents that they never investigated Smith and had no evidence that anyone had asked him to create a website for a same-sex wedding.

Colorado Attorney General Eric Olson wrote that

to obtain goods and services.

"Allowing a business to refuse service because they are these customers would break with this tradition and deny them full market share," he said.

The Freedom Defense Alliance, which also represented Phillips, has had success arguing religious rights cases before the Supreme Court in recent years.

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The court ruled on the baker's case before the retirement of Justice Anthony Kennedy, who voted for LGBTQ rights in key cases.

Now, after three appointments made by former President Donald Trump, the court has six conservative and three liberal justices.

Kennedy was in the majority when the Supreme Court legalized gay marriage in a 5-4 vote.

In another important victory, the court ruled in 2020, to the surprise of many, that a federal law that prohibits gender discrimination in employment protects LGBTQ employees.

A year later, the court ruled in favor of a Catholic Church-affiliated agency that the city of Philadelphia had excluded from its foster care program because of the Church's opposition to same-sex marriage.

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In other cases in recent years,

In light of the latest rulings, Smith has reason to be optimistic that he will receive a favorable hearing from conservative judges on Monday.

"I hope the court will take a step to protect everyone's right to speak freely," he said.