We’re in the final month of 2022, and religious faith is still on trial. And a Christian Colorado business owner is still at the center. This time, it’s a Christian website designer who declined to create a personalized website for a same-sex marriage.
On Monday, Kristin Waggoner, the Alliance Defending Freedom attorney representing Christian website designer Lorie Smith, noted that because of Colorado’s “aggressive enforcement,” her client’s “speech has been chilled for six years.”
Colorado argued that Smith’s website creation qualifies as a public accommodation, binding her to serve every member of the community, including same-sex couples, even if it offends her conscience. The defense drew a connection between opposition to interracial marriage and opposition to same-sex marriage, arguing that a ruling in Smith’s favor could set a precedent under which vendors could refuse service based on race.
Waggoner contended that Smith’s websites are customized to fit each individual customer and include an expressive message. Regardless of how ambiguous and general the format and information presented on the site is, a pro-same sex marriage message would be embedded in a site made for a gay couple, she argued.
Artists like Smith should not be coerced to curate a product for a same-sex marriage but selling a pre-existing product off the shelf is different, Waggoner clarified.
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Naturally, given the subject matter of this case, Colorado Christian baker Jack Phillips’ name came up during opening arguments. Supreme Court Justice Neil Gorsuch suggested that Phillips was made to go through “a re-education program” as punishment for refusing to bake a wedding cake for a same-sex couple. Colorado Solicitor General Eric Olson disagreed, but his disagreement only confirmed that Gorsuch had it right:
https://twitter.com/ishapiro/status/1599804529666654208
Artistic rendering of the exchange: https://t.co/R4KYjesXQ2 pic.twitter.com/mQG0mIryBQ
— Varad Mehta (@varadmehta) December 5, 2022
It went a little something like that, yes. Have a listen:
GORSUCH: "Mr. Phillips did go through a reeducation training program…did he not?
Attorney: "It was not a reeducation program…it was a process to make sure he was familiar with Colorado law."
GORSUCH: "Someone might be excused for calling that a reeducation program." pic.twitter.com/kGrbZobyVU
— Townhall.com (@townhallcom) December 5, 2022
It definitely sounds like a re-education program. And Gorsuch definitely sounds like he just owned Olson.
https://twitter.com/KeyWestBruce/status/1599805258901106688
Brutal. https://t.co/KylvjB8WfQ
— Audacious Pundit (@AudaciousPundit) December 5, 2022
Gorsuch sure has a way with questions during oral argument.
Absolutely brutal one here. This is the “jump from the ropes, full body-slam” of SCOTUS questions.
— pipermcq (@pipermcq) December 5, 2022
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