Posted by:
Seth Bursby
on Sep 5, 2023
The answer depends on how you frame the question. Is Lorie Smith offering a website design service, or is she making an artistic statement?
In her petition for cert from the 10th Circuit she argued both, but the Court pointedly took up only the free speech claim. And a majority of six justices ultimately concluded she is not refusing a public accommodation to same-sex couples as such, but refusing to "celebrate" same-sex marriages. Which, they said, she has a right to do.
This may turn out to be a very narrow result, allowing a public-facing business to refuse service to someone in a protected class because of the owner's religious beliefs, but only if the service is inherently "expressive," whatever that exactly means, and only if that expression can somehow be attributed to the owner herself...