Free Speech, Same-Sex Marriage, and Anti-Discrimination Laws

On Monday, December 5, the Supreme Court heard oral arguments in the 303 Creative v. Elenis case. The petitioner, Lorie Smith, is an artist and website designer in Colorado, who says creating wedding websites for same-sex couples against her personal beliefs would violate her First Amendment rights of freedom of speech and religions, because is would require her to create messages inconsistent with her religious beliefs, and bar her from posting those beliefs on her website. A Colorado public accommodations law states that businesses open to the public can’t discriminate on the basis of sexual orientation or state an intent to do so. Smith brought a lawsuit challenging the law. Colorado counters that the law does not require or bar any speech, and exempting Smith from the law would “upend antidiscrimination law—and other laws too.” Eugene Volokh of UCLA Law and Joshua Matz of Kaplan Hecker & Fink join host Jeffrey Rosen to recap the arguments and discuss the issues at stake.

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