Over the past century the First Amendment's protection of "the freedom of speech" has been interpreted to shield the reprehensible — White Supremacists and homophobes—as well as the admirable — the Black Civil Rights movement and the gay-rights cause. This jurisprudence reflects an American commitment to its own brand of classical liberalism in matters of conscience and expression.
On Monday, that commitment will be tested against another important one — equality under law — when the Supreme Court hears oral argument in 303 Creative LLC v. Elenis. Lorie Smith, a graphic designer who holds traditional religious views about marriage, wants to create custom websites only for weddings uniting one man and one woman.
But Colorado's public-accommodations law (like those in 28 other states) prohibits businesses from discriminating on the basis of sexual orientation in the sale of goods and services to the general public. While Smith says she is happy to serve gay customers in other ways, she does not want to send a message of approval of same-sex marriages.
