The Supreme Court's conservative majority signaled sympathy toward an evangelical Christian web designer whose business refuses to provide services for same-sex marriages.
American constitutional lawyerWASHINGTON - The U.S. Supreme Court's conservative majority signaled sympathy on Monday toward an evangelical Christian web designer whose business refuses to provide services for same-sex marriages in a major case pitting LGBT rights against a claim that freedom of speech exempts artists from anti-discrimination laws.
Smith, 38, has said she believes marriage should be limited to opposite-sex couples, a view shared by many conservative Christians. She preemptively sued Colorado's civil rights commission and other state officials in 2016 because she feared she would be punished for refusing to serve gay weddings. Colorado Solicitor General Eric Olson said Smith is seeking a "license to discriminate." Olson said her arguments would not just let a business owner decline to provide services because of a sincerely held religious belief but also due to "all sorts of racist, sexist and bigoted views." Olson said the Colorado public accommodation law at issue targets the conduct of discriminatory sales by businesses like Smith's.
Conservative Justice Clarence Thomas pressed Olsen on what historical precedent there was for allowing speech to be directly or indirectly regulated by public accommodation laws, saying that "this is not a hotel, this is not a restaurant, this is not a riverboat or train." Waggoner said that Smith "believes opposite-sex marriage honors scripture and same-sex marriage contradicts it. If the government can label this speech equivalent, it can do so for any speech, whether religious or political. Under Colorado's theory, jurisdictions could force a Democrat publicist to write a Republican's press release."
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