Colorado Politics

10th Circuit returns Christian web designer case to trial court following SCOTUS ruling

The federal appeals court based in Denver issued a brief order on Thursday returning the case of Christian web designer Lorie Smith to a trial judge, two months after the nation’s highest court sided with her and narrowed the scope of Colorado’s anti-discrimination law.

In 303 Creative v. Elenis, Smith sought an injunction to prevent the state from requiring her to create wedding websites featuring same-sex couples if she went into the business of designing wedding websites commercially, as she intended to do. Smith argued her religious views did not condone same-sex marriage.

A trial judge initially ruled against her and in 2021, the U.S. Court of Appeals for the 10th Circuit agreed that Colorado could compel Smith to create websites for same-sex couples through its anti-discrimination law, which forbids businesses open to the public from discriminating on the basis of sexual orientation.

In June, the conservative-majority U.S. Supreme Court reversed that decision by 6-3, recognizing Colorado could not infringe upon Smith’s First Amendment rights by forcing her to “speak” in violation of her beliefs.

Following the Supreme Court’s action, the case returned to the 10th Circuit. The three-judge panel that originally decided the case – Democratic appointees Mary Beck Briscoe and Michael R. Murphy, plus Republican appointee Timothy M. Tymkovich – issued a six-sentence order transmitting the matter to the trial court to resolve Smith’s case and her request for an injunction according to the justices’ directive.

U.S. District Court Senior Judge Marcia S. Krieger, a George W. Bush appointee who originally heard the case, is no longer presiding at the trial level. Charlotte N. Sweeney, a Joe Biden appointee, is now assigned to the proceedings.

The case is 303 Creative et al. v. Elenis et al.

The Byron White U.S. Courthouse in downtown Denver, which houses the 10th U.S. Circuit Court of Appeals.
colorado politics file

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