303 Creative- Upholding the First Amendment

Washington, D.C.- Today, Congressman Doug Lamborn joined Colorado businesswoman and owner of 303 Creative, Lorie Smith, on the steps of the U.S. Supreme Court, prior to oral arguments being heard in court this morning.

Congressman Lamborn issued the following statement:

“Government should never infringe on the constitutional rights of the individual. Ms. Smith and others like her deserve the strongest possible First Amendment protections as they seek to uphold the principles that are central to their lives and faiths. The First Amendment not only protects Americans’ right to speak and express their views, but it also protects their freedom not to speak. A Supreme Court ruling in favor of 303 Creative would mean a victory for free speech and religious freedom everywhere.”

Background

The petitioner, Lorie Smith, runs the website design company 303 Creative and cannot provide custom services for same-sex weddings without violating her Christian faith. Under the Colorado Anti-Discrimination Act (CADA), however, she must not only provide these custom services, but she also is not even allowed to explain her disagreement. 

The Tenth Circuit Court of Appeals agreed with the Colorado Civil Rights Commission that the state can compel Ms. Smith’s creative speech—a decision that is wrong and should be reviewed by the Supreme Court. This case is a follow-on to Masterpiece Cakeshop, in which the shop’s owner, Jack Phillips, argued that the Colorado Civil Rights Commission violated his constitutional rights by acting with hostility to his religious faith.

In February 2022, the Supreme Court agreed to hear the free speech and religious liberty case 303 Creative v. Elenis. This case involves a Christian Colorado web designer, Lorie Smith, who wishes to expand her business to design custom wedding websites. However, under Colorado’s Anti-Discrimination Act (CADA), Smith would be required to use her artistic capabilities to promote same-sex marriages in violation of her sincerely held religious beliefs. She would also be forbidden from publishing language on her site explaining her religious belief regarding what content she is willing to create. CADA is the same law that continues to threaten Colorado cake artist Jack Phillips of Masterpiece Cakeshop. This could be a landmark case for freedom of speech, religious liberty, and artistic freedom.

In June 2022, Congressman Lamborn, along with Congresswoman Hartzler, Senator Cruz, Senator Lee, and 41 of their colleagues, filed a bicameral amicus brief to the U.S. Supreme Court asking it to rule in favor of free speech in the case of Colorado resident Lorie Smith and her design studio, 303 Creative.