Federal Appeals Court Rules Against Web Designer Who Refuses to Make Wedding Videos for Same-Sex Couples – By Elura Nanis (Law and Crime) / July 28 2021
The U.S. Court of Appeals for the 10th Circuit ruled in favor of the state of Colorado Monday, dismissing the claim of a graphic designer who refuses to create wedding websites for same-sex couples. The case creates a possible split among the federal circuits which could form the basis for Supreme Court review, as well as potential clarification of the narrow ruling in the Masterpiece Cakeshop case.
Lorie Smith is the owner of a website design company named 303 Creative, LLC. Under Colorado’s public accommodation law, businesses of public accommodation may not post discriminatory statements or refuse to serve patrons because of their sexual orientation. According to the court’s undisputed factual findings, Smith and her company are “generally willing to create graphics or websites for lesbian, gay, bisexual, or transgender (‘LGBT’) customers,” but “Ms. Smith sincerely believes, however, that same-sex marriage conflicts with God’s will.” On that basis, Smith says she plans to refuse website-creation services for same-sex couples, and even though she does not currently offer wedding-related services, she proactively filed her lawsuit to preclude findings of future violations of Colorado law.
That strategy hit a bump before the 10th Circuit on Monday.
Writing for the 2-1 majority, U.S. Circuit Judge Mary Briscoe—joined by Judge Michael Murphy, both of whom are both Bill Clinton-appointees—included Smith’s statement of religious objection, which read as follows:
