You may not have heard of Lorie Smith. But she has a lot in common with cake artist, Jack Phillips.
Not only did Jack Phillips design Lorie’s wedding cake years ago, he was also targeted by the same state actors who are now violating Lorie’s rights. Colorado officials punished Jack after he declined to create a custom cake celebrating an event that went against his religious convictions.
But even after the U.S. Supreme Court condemned Colorado officials for acting with “clear and impermissible hostility” towards Jack’s religious beliefs, they are now using the same law they used to go after Jack to threaten Lorie as a graphic and web designer.
Through her business, 303 Creative, Lorie creates unique and beautiful websites for her clients. Like Jack, Lorie serves everyone. But because of her deeply held religious convictions, she cannot express all messages. Yet, because of the law, Lorie could be punished simply because she cannot accept requests to create websites celebrating certain messages.
Lorie knows that this is a violation of her First Amendment rights. So, with the help of Alliance Defending Freedom (ADF) attorneys, she is challenging the law in court. And now, the U.S. Court of Appeals for the 10th Circuit is hearing her case.
Read more about Lorie’s case below.
Who: Lorie Smith
Lorie Smith spent over a decade in the marketing and design industry. She has done a variety of different jobs—from marketing and advertising to graphic design and branding. She had worked for businesses and organizations both large and small. But something was missing.
That thing was freedom. Lorie wanted more freedom to use her talents to create projects she was passionate about. So, she went out on her own and founded 303 Creative.
But then, Lorie learned of Colorado’s “Anti-Discrimination Act” that would force her to create messages with which she disagreed. Ironically, the creative freedom Lorie thought she would gain by starting her own business was the freedom this law would take away.
Lorie is an artist who pours her heart, imagination, and talents into the websites and graphics she creates. She also spends one-on-one time with each of her clients, getting to know them so that she can create the absolute best design for them—something a large design firm could not offer in the same personalized way.
Lorie is also a Christian who believes that marriage is between one man and one woman. While she will create web designs for anyone, she doesn’t create all messages. She can’t use her design skills and creativity to express messages that violate her deeply held religious convictions.
What: 303 Creative v. Elenis
Colorado’s law would force Lorie to create messages expressing support of same-sex weddings if she creates messages celebrating marriage between one man and one woman. But on top of that, the state reads the law as a gag order that prevents Lorie from expressing on her website her views on marriage at all.
This is censorship. And it’s a violation of Lorie’s First Amendment rights.
So, with the help of ADF attorneys, Lorie decided to challenge the law in court before it was enforced against her. And she had good reason to think that it would be.
The Colorado Civil Rights Commission continues to aggressively enforce this law to punish creative professionals like Lorie.
After all, this is the same commission that the U.S. Supreme Court condemned for acting with “hostility” towards Jack Phillips in the Masterpiece Cakeshop case. And the same commission that went after Jack a second time before backing off once it became publicly known that the commissioners made more comments indicating their continuing hostility toward religious freedom.
The government should be a strong defender of free speech, not its biggest threat.
In September 2016, ADF attorneys filed a lawsuit on behalf of Lorie challenging the law in federal court. Nearly three years later, a judge issued a final ruling allowing Colorado officials to force Lorie to design and publish websites promoting messages that conflict with her religious beliefs.
On October 25, 2019, Lorie appealed to the 10th Circuit, asking it to reverse the lower court’s decision. And now, on November 16, 2020, the 10th Circuit will hear her case as ADF attorneys argue on her behalf.
Where: Denver, Colorado
Lorie is a Colorado native. She named her business “303 Creative” because “303” is the Denver metro area code.
Why: To protect artists’ right to create freely
The internet should be a place where the freedom of speech thrives. Internet companies regularly exercise the freedom to control the content on their websites. Lorie deserves the same freedom.
Just because her religious beliefs are different from the government doesn’t mean she should be targeted for creating art consistent with her convictions. After all, the freedom of speech is for everyone—not only those who agree with the government.
The Bottom Line
The government shouldn’t threaten a web designer with fines to force her to create art that violates her beliefs.
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