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The Conversation
The Conversation
Kelsy Burke, Associate Professor of Sociology, University of Nebraska-Lincoln

The Colorado website designer's win is one of dozens of federal cases where religious beliefs and LGBTQ+ rights have clashed – and the pattern might not be what you think

Colorado United States Lgbt the Supreme Court Lorie Smith Ward 303 Creative Discrimination Elenis Sonia Sotomayor
Viewed over decades, the Supreme Court's record on religion-related cases is more complicated than recent headlines suggest. Phil Roeder/Moment via Getty Images

Does a Colorado designer’s belief that marriage is between one man and one woman merit an exemption to state law barring discrimination against LGBTQ+ people? On June 30, 2023, the Supreme Court decided 6-3 that the answer is yes: Requiring a conservative Christian business owner to create wedding websites for gay couples would violate the free speech clause of the First Amendment.

Creating a website constitutes an “expressive activity” protected by the First Amendment, Justice Neil Gorsuch wrote in the majority opinion, and Colorado’s anti-discrimination law would “compel an individual to create speech she does not believe.” Thus, designer Lorie Smith has the right to follow “her conscience about a matter of major significance” and refuse her services for same-sex weddings.

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