BREAKING: Supreme Court sides with web designer who didn't want to create pro-LGBT messages
Justice Neil Gorsuch authored the 6-3 majority opinion, holding that"The First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.""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," Gorsuch added.
Gorsuch's majority opinion was joined by the court's Republican-appointed justices while liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented. "Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class," Sotomayor wrote in her dissent.
The lawsuit brought against Colorado's anti-discrimination law stems from a religious business owner who sees herself as an artist who does not want to use her creative talents to express a message against her beliefs.Plaintiff Lorie Smith argued the state's public accommodations law bars her from doing what she wants to do more than anything else — create custom websites for heterosexual couples.
During December's oral arguments, her counsel argued that Smith's Christian faith prevents her from doing work for same-sex marriages and claimed her business has been stifled from getting off the ground over the concern that she may face litigation if she denies services to same-sex clients.
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