'Each part of the First Amendment is a guarantor that human minds can operate freely. It was a productive week for the court. We are fortunate to have a bench that ensures, against considerable pressure, these rights of ours as free people.' -dcexaminer
That should be a simple concept, but for some reason, various localities and government agencies continue forcing the Supreme Court to reassert it. That’s what a 6-3 court majority did today in 303 Creative LLC v. Elenis, upholding a web designer’s right to decide whether to create highly “customized” online wedding registries.In doing so, the high court slaps down regimes that continue trying to compel obeisance to leftist orthodoxies without regard to the expressive rights of a free people.
Indeed, state agents and courts seem to take zealous delight in harassing faith-based artisans. They do so even if those artisans otherwise serve homosexual people and, when conflicted, provide referrals to similar artisans when the artisans’ consciences disallow them from producing the desired product. No matter what the state’s intentions are, this clearly runs afoul of the Constitution and of U.S. founding principles.
Gorsuch forcefully rejected the argument that Smith’s web services somehow are merely technical rather than an expressive product. Against these free expressive rights, he wrote, Colorado intends to “’forc[e her] to create custom websites’ celebrating” marriages that she does not “endorse.” In doing so, “Colorado seeks to compel this speech in order to ‘excise certain ideas or viewpoints from the public dialogue.’” If Colorado wins, “countless other creative professionals, too, could be forced to choose between remaining silent [or] producing speech that violates their beliefs.
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