Colorado Politics

Colorado politicians, activists react to Supreme Court’s ruling favoring Christian artist

The Supreme Court on Friday ruled in favor of a Christian graphic artist from Colorado who balked at designing wedding websites for gay couples.

We’re tracking how Colorado politicians, activists and others are reacting.

Attorney General Phil Weiser, who argued in defense of the Colorado Anti-Discrimination Act:

“Today’s sweeping decision threatens to destabilize our public marketplace and encourage all kinds of businesses-not just those serving weddings-to claim a First Amendment free speech right to refuse service to certain customers. A business may think that it can refuse to serve interracial couples because it believes interracial marriage is wrong. A payroll company may read today’s opinion as license to refuse service to women-owned businesses because the businessowner believes women should not work outside the home. A bookseller of religious texts may believe it can refuse to sell books to a member of the Church of Jesus Christ of Latter-day Saints because he doesn’t believe it to be a legitimate religion. And so on.

“This case is not about websites or speech-but the ability of all to enter the public marketplace as equals. Equality and fairness are core Colorado values and we have protected people in our state from discrimination in public accommodations for more than 100 years. We will work hard to ensure that, within the confines of the Court’s opinion, we take action to hold accountable those who engage in unlawful discrimination.”

Kristen Waggoner, CEO, president, and general counsel of Alliance Defending Freedom, which litigated the case:

“The U.S. Supreme Court rightly reaffirmed that the government can’t force Americans to say things they don’t believe. The court reiterated that it’s unconstitutional for the state to eliminate from the public square ideas it dislikes, including the belief that marriage is the union of husband and wife. Disagreement isn’t discrimination, and the government can’t mislabel speech as discrimination to censor it. Lorie works with everyone, including clients who identify as LGBT. As the court highlighted, her decisions to create speech always turn on what message is requested, never on who requests it. The ruling makes clear that nondiscrimination laws remain firmly in place, and that the government has never needed to compel speech to ensure access to goods and services. This is a win for all Americans. The government should no more censor Lorie for speaking consistent with her beliefs about marriage than it should punish an LGBT graphic designer for declining to criticize same-sex marriage. If we desire freedom for ourselves, we must defend it for others.”

Gov. Jared Polis:

“Sadly,  the U.S. Supreme Court decided in favor of discrimination and against student loan relief today. These misguided rulings come one day after the Supreme Court overturned decades of precedent and potentially stifled future educational opportunities. We are committed to building a Colorado for all where the powerful few do not control the freedoms of all Coloradans. Unfortunately, Americans have seen the Supreme Court become increasingly obsessed with taking away freedoms. In Colorado we always seek to protect freedom and end discrimination. These rulings run counter to Colorado values  and we will continue to fight against bigotry and discrimination in all their ugly forms.” 

U.S. Sen. Michael Bennet, D-Denver:

U.S. Sen. John Hickenlooper, D-Denver:

U.S. Rep. Diana DeGette, D-Denver:

U.S. Rep. Doug Lamborn, R-Colorado Springs:

U.S. Rep. Lauren Boebert, R-Silt:

Rep. Brianna Titone, D-Arvada:

“The decision by the Supreme Court undermines Colorado’s anti-discrimination protections, directly attacks the rights of LGBTQ Americans and allows businesses to deny services based on ‘First Amendment’ grounds to anyone due to their gender, race, religion, or who they love.

The US Supreme Court has legalized discrimination and bigotry against LGBTQ people and has endangered equal protections under the law. With one decision, the Court threatens decades of progress to secure the freedoms and rights of LGBTQ Americans, and has threatened the rights of Americans to equally and fairly access public accommodations.

Across the country, over 500 anti-LGBTQ bills have been introduced that put the community in danger of harm, preventing us from freely expressing ourselves or being able to make personal health care decisions. We’ve made great progress in recent years to fight against the increasing anti-LGBTQ+ attacks. We secured the right to access gender affirming care and abortion care, added anti-discrimination protection language to include gender identity and gender expression, and strengthened anti-discrimination protections for people in the workplace. While our new laws ensure Colorado is a safer place for members of the LGBTQ+ community to call home, we still have hills to climb to combat the rising anti-LGBTQ vitriol.

Colorado Democrats will continue to fight for your freedoms and stand up against discrimination, bigotry, and violence against the LGBTQ+ community.”

Rep. Tammy Story, D-Evergreen:

Sen. Julie Gonzales, D-Denver:

Colorado Republican Party:

Donald Sweeting, Ph.D., chancellor of Colorado Christian University:

“We applaud this Supreme Court decision in favor of 303 Creative. The Colorado Anti-Discrimination Act is used in a way that violates the free speech clause of the First Amendment. This is how public accommodation laws are being twisted by state commissions to force objectors to compel speech and affirm progressive orthodoxy about sexual identity. Today, the court reminded us all that Americans who have traditional and Biblical views about marriage and sexuality are equally protected in the public square.”

Jeff Hunt, director of the Centennial Institute:

“Lorie Smith is a wonderful friend of the Centennial Institute. We have been proud to stand with her, pray for her, and support her through this long and difficult journey. She stood against incredible opposition to defend America’s founding principle of freedom of speech. We applaud her and are thrilled with the Supreme Court’s decision to protect this critical right for all Americans. We also want to recognize and thank Kristen Waggoner, the CEO of Alliance Defending Freedom and the recent winner of our highest honor, the William L. Armstrong Award. Once again, Alliance Defending Freedom has proven to be on the right side of history in defending the spirit of 1776!”

Sara Loflin, ProgressNow Colorado executive director

“Today’s ruling in 303 Creative v. Elenis by Donald Trump and Cory Gardner’s Supreme Court majority will be remembered as one of the most damaging and most embarrassing in the Court’s history, and a future Court will be obliged to undo the harm done today. The extremist leaning Supreme Court already has a legitimacy problem thanks to the recently-exposed corruption of Justices Thomas and Alito. Today, Colorado’s Neil Gorsuch just blew up Colorado law and greenlighted discrimination against LGBTQ+ Americans nationwide based on a fake case. The plaintiff in this case was never harmed and never produced anything. According to news reports, the gay couple she claimed asked her for work never existed. She was simply afraid as a bigot that under Colorado’s non-discrimination law she might not be able to deny service to someone based on her hatred of LGBTQ people. And right-wing SCOTUS justices just validated her right to discriminate.”

Attorney Kirk McGill of Hall Estill:

“It is important to note what the Court did not do: The Court did not hold that a business may refuse to serve customers because they are LGBTQ+ or any other protected class. Rather, states may require public accommodation to be provided to everyone. But the state cannot require an individual or business to provide products or services that consist of speech with which the individual or business disagrees with. Exactly how far this goes in practice will have to be worked out by the lower courts as cases come before them. In other words, Colorado’s anti-discrimination law was not struck down, it just isn’t allowed to enforce it in a way that infringes upon free speech. The Court has not given a blank check for businesses to discriminate against members of the LGBTQ+ community or anyone else-but it has decided that where public accommodation rights established under state law clash with free speech established by the First Amendment in the Constitution-the First Amendment wins.

“It is critical to note that the principle goes both ways. In other words, if a homophobe asks an LGBTQ+ web designer to make an anti-LGBTQ+ website, that web designer may tell the homophobe to take a hike. Even if a state were to write a law requiring the LGBTQ+ web designer to make a website for homophobes, that law could not be enforced after this decision.”

Colorado Attorney General Phil Weiser walks out of the Supreme Court in Washington, Monday, Dec. 5, 2022, after the Court heard the case 303 Creative LLC v. Elenis. The Supreme Court is hearing the case of a Christian graphic artist who objects to designing wedding websites for gay couples, that’s the latest clash of religion and gay rights to land at the highest court. (AP Photo/Andrew Harnik)
Andrew Harnik
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