El Dorado News-Times

Both sides see high stakes in gay rights Supreme Court case

- By JESSICA GRESKO

WASHINGTON (AP) — The Supreme Court is being warned about the potentiall­y dire consequenc­es of a case next week involving a Christian graphic artist who objects to designing wedding websites for same-sex couples.

Rule for the designer and the justices will expose not only same-sex couples but also Black people, immigrants, Jews, Muslims and others to discrimina­tion, liberal groups say.

Rule against her and the justices will force artists — from painters and photograph­ers to writers and musicians — to do work that is against their faith, conservati­ve groups argue.

Both sides have described for the court what lawyers sometimes call “a parade of horribles” that could result if the ruling doesn’t go their way.

The case marks the second time in five years that the Supreme Court has confronted the issue of a business owner who says their religion prevents them from creating works for a gay wedding. This time, most experts expect that the court now dominated 6-3 by conservati­ves and particular­ly sympatheti­c to religious plaintiffs will side with Lorie Smith, the Denverarea designer in the case.

But the American Civil Liberties Union, in a brief filed with the court, was among those that called Smith’s argument “carte blanche to discrimina­te whenever a business’s product or service could be characteri­zed as ‘expressive,’” a category of businesses that could range from “luggage to linens to landscapin­g.” Those businesses, they said, could announce, “We Do Not Serve Blacks, Gays, or Muslims.”

Smith’s attorneys at the Arizona-based Alliance Defending Freedom say that’s not true. “I think it’s disingenuo­us and false to say that a win for Lorie in this case would take us back to those times where people … were denied access to essential goods and services based on who they were,” said ADF attorney Kellie Fiedorek.

Smith’s case follows that of Colorado baker Jack Phillips, who objected to creating a wedding cake for a gay couple.

The couple sued, but the case ended with a limited decision. Phillips’ lawyer, Kristen Waggoner, is back before the high court Monday arguing for Smith.

Smith wants to begin offering wedding websites, but she says her Christian faith prevents her from creating websites celebratin­g same-sex marriages. That could get her in trouble with state law. Colorado, like most other states, has a public accommodat­ion law that says if Smith offers wedding websites to the public, she must provide them to all customers. Businesses that violate the law can be fined, among other things.

Smith, for her part, says Colorado’s law violates the Constituti­on’s First Amendment by forcing her to express a message with which she disagrees.

Brianne Gorod of the Constituti­onal Accountabi­lity Center, representi­ng a group of law professors, hypothesiz­ed other examples of what could happen if Smith succeeds at the high court.

“A web designer could refuse to create a web page celebratin­g a female CEO’s retirement — violating Colorado’s prohibitio­n on sex discrimina­tion — if he believed all women have a duty to stay home and raise children. Similarly, a furniture-maker — who considers his furniture pieces to be artistical­ly expressive — could refuse to serve an interracia­l couple if he believed that interracia­l couples should not share a home together. Or an architect could refuse to design a home for an interfaith couple,” she told the court.

Smith’s supporters, however, among them 20 mostly Republican­leaning states, say ruling against her has negative consequenc­es, too. A lawyer for the CatholicVo­te.org education fund told the court that if the lower court ruling stands and Smith loses, “a Jewish choreograp­her will have to stage a dramatic Easter performanc­e, a Catholic singer will be required to perform at a marriage of two divorcees, and a Muslim who operates an advertisin­g agency will be unable to refuse to create a campaign for a liquor company.”

 ?? (AP Photo/David Zalubowski, File) ?? FILE - Web designer Lorie Smith is shown in her office on Nov. 7, 2022, in the southwest part of Littleton, Colo. The Supreme Court is being warned about the potentiall­y dire consequenc­es of a case next week involving Smith, a Christian graphic artist, who objects to designing wedding websites for same-sex couples.
(AP Photo/David Zalubowski, File) FILE - Web designer Lorie Smith is shown in her office on Nov. 7, 2022, in the southwest part of Littleton, Colo. The Supreme Court is being warned about the potentiall­y dire consequenc­es of a case next week involving Smith, a Christian graphic artist, who objects to designing wedding websites for same-sex couples.

Newspapers in English

Newspapers from United States