US Supreme Court sides with Christian graphic designer who refused to create same-sex wedding website
In a blow for LGBTQ campaigners, a landmark US Supreme Court ruling said Christian graphic designer, Lorie Smith, has the right to refuse to work with same-sex couples – but critics say it “opens the door to discrimination”.
By Siba Jackson, news reporter
Friday 30 June 2023 20:02, UK
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Lorie Smith pictured at the US Supreme Court during an earlier ruling, said she had strongly-held beliefs on same-sex marriage File pic: AP
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Lorie Smith. File pic: AP
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The US Supreme Court has made a landmark ruling in favour of a Christian website designer who refused to work with same-sex couples preparing to tie the knot.
Lorie Smith, from Denver, Colorado, has the free speech right not to endorse messages she disagrees with under the US Constitution’s first amendment, the court ruled 6-3.
The decision on Friday means Ms Smith cannot be sanctioned for breaching state laws banning discrimination based on characteristics including sexual orientation, race, gender.
However, one of the justices who voted against Ms Smith said the ruling was a “licence to discriminate”, while another said it would “open the door to discrimination”.
The judgement overturns an earlier lower court ruling rejecting Ms Smith’s bid for an exemption from the law on religious grounds.
She sued the state of Colorado in 2016, arguing that, as a creative professional, she has the right to decline work that does not align with her views.
Ms Smith told Sky News’ US partner, NBC News, how she has strongly-held beliefs that “marriage is between one man and one woman – and that union is significant”.
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US Supreme Court
The Supreme Court ruling sets a precedent that could impact 29 other states with anti-discrimination laws.
Justice Neil Gorsuch, one of the six who voted in favour, said the Colorado law forcing Ms Smith to create speech she does not believe violates the first amendment.
“Were the rule otherwise, the better the artist, the finer the writer, the more unique his talent, the more easily his voice could be conscripted to disseminate the government’s preferred messages.
“That would not respect the first amendment; more nearly, it would spell its demise,” Mr Gorsuch wrote.
Smith addresses supporters outside the court in December File Pic: AP
Image:
Smith addresses supporters outside the court in December. File Pic: AP
“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,” he added.
However, one of the liberal dissenting judges, Justice Sonia Sotomayor wrote: “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.”
LGBTQ people demoted to ‘second class status’
The judge said LGBTQ people have been demoted to “second class status” as a result of the ruling, which has issued a “new license to discriminate”.
“In this way, the decision itself inflicts a kind of stigmatic harm, on top of any harm caused by denials of service,” she added.
A protester seen outside the Supreme Court on Friday ahead of the ruling Pic: AP
Image:
A protester seen outside the Supreme Court on Friday ahead of the ruling. Pic: AP
Colorado state officials said they had never investigated Ms Smith or had any evidence she was asked to create a same-sex website.
She was represented by conservative Christian legal group, Alliance Defending Freedom.
‘Gay cake row’
In the UK, there was a long-running legal battle after the owners of a bakery in Belfast refused to make a cake supporting same-sex marriage.
The Supreme Court ruled in 2018 that Christian couple Daniel and Amy McArthur did not discriminate by refusing to create a design featuring Sesame Street puppets and the slogan “Support Gay Marriage” and the logo of campaign group, Queer Space, requested by activist Gareth Lee.
In January 2022, a complaint by Mr Lee that he was discriminated against was ruled inadmissible by the European Courts of Human Rights.
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The judgement comes as the court also blocked President Biden’s plans to cancel or reduce student loan debts for millions of Americans.
It is a major setback for Mr Biden who unveiled the $400bn plan in the hope of attracting the support of young voters.
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Just hours earlier, the court sparked further controversy with a landmark ruling that race must not determine university admissions.
They agreed with the Students for Fair Admissions Group which brought cases against Harvard University and the University of North Carolina, arguing their race-conscious admissions policy violated the 1964 Civil Rights Act banning discrimination on race, colour or national origin.
However, critics including Mr Biden said “colleges are stronger when racially diverse” – as he vowed the decision “cannot be the last word” on the matter in a televised address to the nation.
It is a year since the court voted to overturn the right to abortion after nearly 50 years in the hugely controversial Roe vs Wade ruling.
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