In 303 Creative LLC v. Elenis, a sort of sequel to Masterpiece Cakeshop, the Supreme Court is hearing arguments about whether Colorado anti-discrimination legislation violates website designer Lorie Smith’s free-expression rights. Smith designs wedding webpages but, because of her religious convictions, would refuse to do so for same-sex couples. As Dan McLaughlin notes, this case “squarely presents a question of crucial importance to the survival of pluralism and liberal democracy: Can the government compel artists, writers, and other creators to endorse government orthodoxy on fundamental issues in their creations? Can it make adherence to that orthodoxy the price of being able to create things for a living?”
In oral argument today, Justice Samuel Alito highlighted an amicus brief in support of the petitioner submitted by Howard Slugh and Josh Blackman of the Jewish Coalition for Religious Liberty (JCRL). The JCRL brief does an excellent job explaining the religious-liberty implications for Jews in Colorado were the Court to side with the state. JCRL has done tremendous work protecting Americans’ right to practice their faith freely, and they should be commended for it.
As Alito’s JCRL-prompted line of questioning makes clear, if the majority finds for the respondent, they’ll be compelling people of faith to produce messages that violate their conscience simply because the government believes that the service they’re offering is a “public accommodation.” This outcome would fly in the face of the First Amendment and the spirit of the nation’s Founding.