With a 6-3 ruling in favor of Lorie Smith, the implications could be far-reaching, potentially allowing business owners to discriminate against LGBTQ customers or other groups under the guise of expressive speech rights similar to those enjoyed by Smith as a designer.
Colorado argued that its anti-discrimination law did not infringe on Smith's First Amendment rights as it only prohibited her from denying service to same-sex couples while still allowing her to express her views against same-sex marriage. The state also pointed out that the case was based on a hypothetical scenario, as there was no evidence that any same-sex couples had actually approached Smith for her services to create a website for them.
The Supreme Court's decision came after reports emerged suggesting that part of the case's foundation may have been fabricated. Smith's lawsuit referred to a request from a gay man seeking help in designing a website for his wedding to a man named Mike. However, the individual linked to the contact information in the request told news outlets that he had never contacted Smith and had been married to a woman for 15 years.
In her dissent, Justice Sonia Sotomayor criticized the Supreme Court's ruling as "profoundly wrong." She argued, "Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class. Our Constitution does not include a right to deny service to a disfavored group.
English (US)