Supreme Court backs Christian Web designer: Freedom over Coercion

Deuteronomy 28:43-53 43 “Foreigners who live in your land will gain more and more power, while you gradually lose yours. 44 They will have money to lend you, but you will have none to lend them. In the end they will be your rulers. 45 “All these disasters will come on you, and they will be with you until you are destroyed, because you did not obey the Lord your God and keep all the laws that he gave you. 46 They will be the evidence of God’s judgment on you and your descendants forever. 47 The Lord blessed you in every way, but you would not serve him with glad and joyful hearts. 48 So then, you will serve the enemies that the Lord is going to send against you. You will be hungry, thirsty, and naked – in need of everything. The Lord will oppress you harshly until you are destroyed. 49 The Lord will bring against you a nation from the ends of the earth, a nation whose language you do not know. They will swoop down on you like an eagle. 50 They will be ruthless and show no mercy to anyone, young or old. 51 They will eat your livestock and your crops, and you will starve to death. They will not leave you any grain, wine, olive oil, cattle, or sheep; and you will die. 52 They will attack every town in the land that the Lord your God is giving you, and the high, fortified walls in which you trust will fall. 53 “When your enemies are besieging your towns, you will become so desperate for food that you will even eat the children that the Lord your God has given you.

Important Takeaways:

  • ‘Victory for Free Speech’ at Supreme Court in Christian Web Designer Case
  • The Supreme Court held Friday that the State of Colorado cannot force a website designer to create messages that support same-sex marriages against her religious beliefs, citing her rights under the First Amendment.
  • The case, 300 Creative LLC v. Elenis et al., was decided by 6-3 majority, with all of the court’s Republican appointees siding with the website designer, and all three of the Democratic appointees opposing her suit.
  • The issue in 300 Creative is slightly different, because it involves the actual expression of words, and because the website designer was happy to work for same-sex couples — just not to create messages that conflicted with her own Christian faith.
  • Justice Gorsuch reviewed the history of the Court’s jurisprudence on freedom of expression and association. He then wrote (citations omitted):
  • [T]he First Amendment protects an individual’s right to speak his mind regardless of whether the government considers his speech sensible and well intentioned or deeply “misguided,” … and likely to cause “anguish” or “incalculable grief.” … Equally, the First Amendment protects acts of expressive association. …Generally, too, the government may not compel a person to speak its own preferred messages. …Nor does it matter whether the government seeks to compel a person to speak its message when he would prefer to remain silent or to force an individual to include other ideas with his own speech that he would prefer not to include. … All that offends the First Amendment just the same.
  • Consider what a contrary approach would mean. Under Colorado’s logic, the government may compel anyone who speaks for pay on a given topic to accept all commissions on that same topic—no matter the underlying message—if the topic somehow implicates a customer’s statutorily protected trait.
  • Taken seriously, that principle would allow the government to force all manner of artists, speechwriters, and others whose services involve speech to speak what they do not believe on pain of penalty. The government could require “an unwilling Muslim movie director to make a film with a Zionist message,” or “an atheist muralist to accept a commission celebrating Evangelical zeal,” so long as they would make films or murals for other members of the public with different messages. …Equally, the government could force a male website designer married to another man to design websites for an organization that advocates against same-sex marriage.
  • Of course, abiding the Constitution’s commitment to the freedom of speech means all of us will encounter ideas we consider “unattractive,” … “misguided, or even hurtful.” …. But tolerance, not coercion, is our Nation’s answer. The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands.

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