In a landmark decision, the US Supreme Court has struck down a so-called Colorado anti-discrimination law. The case is strikingly similar to the Sweet Cakes by Melissa case in Oregon, which features nearly the same law and claims.

At issue was a Colorado law forbidding businesses from engaging in discrimination when they sell goods and services to the public. The petitioner, a website desigener named Lorie Smith, worried that, if she enters the wedding website business, the State will force her to convey messages inconsistent with her belief that marriage should be reserved to unions between one man and one woman. In an opinion authored by Justice Neil Gorsuch, the High Court held that The First Amendment prohibits the state of Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.

The Oregon Legislature's LGBTQ Caucus put out a statement condemning the decision in 303 Creative v. Elenis saying, "The U.S. Supreme Court struck a major blow to all Americans’ civil rights, particularly those of the LGBTQ community, with their unjust decision in the 303 Creative v. Elenis case."

Members of the caucus are Senate Majority Leader Kate Lieber (D-Beaverton, SW Portland), Representative Ben Bowman (D-Tigard, Metzger, South Beaverton), Representative Farrah Chaichi (D-Aloha), Representative Dacia Grayber (D-SW Portland, Beaverton), Representative Travis Nelson (D-N/NE Portland), and Representative Rob Nosse (D-Portland).

They continued, “This decision is proof that even with historic victories, we still have a long way to go for everyone -- regardless of who they love or how they identify -- to be equal in this nation. We will never live up to our pledge of liberty and justice for all as long as hate and bigotry are protected by the powerful. We condemn this discriminatory decision in the strongest possible terms. This decision will not make us more free. It oppresses a community built on love and acceptance.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

Reversing a US 10th Circuit decision, Gorsuch concluded:

In this case, Colorado seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance. In the past, other States in Barnette, Hurley, and Dale have similarly tested the First Amendment’s boundaries by seeking to compel speech they thought vital at the time. But, as this Court has long held, the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong. Of course, abiding the Constitution’s commitment to the freedom of speech means all of us will encounter ideas we consider “unattractive,” “misguided, or even hurtful.” But tolerance, not coercion, is our Nation’s answer. The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands. Because Colorado seeks to deny that promise, the judgment is reversed.

Recently, there has been a pushback against non-traditional sexual minorities' displays, especially those involving children, though the American Library Association continues to support Drag Queen Story Hour. In a dissent from the 330 Creative decision, Justice Sotomayor recognized the trend, saying, "Around the country, there has been a backlash to the movement for liberty and equality for gender and sexual minorities."


--Staff Reports

Post Date: 2023-07-01 07:03:30

Last Update: 2023-07-01 13:52:35