In 303 Creative, Colorado tries to hide its disdain for religious Americans, writes KayleeDMcGhee.
, a case that deals with the clash between public accommodation laws and First Amendment rights and asks whether the government has the right to override the latter in such disputes. Specifically, the court must decide whether the state of Colorado has the right to compel speech from its creative professionals.
Though Colorado officials agreed that Smith happily serves clients of all religions, backgrounds, and ethnicities, they repeatedly attempted to tie Smith’s free speech claim to alleged bigotry. Two of the court’s more liberal justices, Justice Sonia Sotomayor and Justice Ketanji Brown Jackson, helped them out on this end, making bizarre hypotheticals about race.
The problem with this line of reasoning is that it conflates status and speech. Smith is not refusing the customer, she is refusing the message. Thus, the comparisons to interracial marriage don’t add up. As Alliance Defending Freedom’s Kristen Waggoner so aptly put it in her closing remarks, everyone in Colorado is allowed to speak freely about same-sex marriage except those who object to it.
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