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Neil Gorsuch cleverly teases out the truth about what Colorado did to Christian baker Jack Phillips

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.

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More from National Review:

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

It went a little something like that, yes. Have a listen:

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It definitely sounds like a re-education program. And Gorsuch definitely sounds like he just owned Olson.

https://twitter.com/KeyWestBruce/status/1599805258901106688

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