Dec. 3, Dale Carpenter, Dedman School of Law professor, SMU Dallas, for a piece supporting web designer Lorie Smith whose 303 Creative case — which is about Colorado attempting to compel her to create web designs for a gay couple — was the subject of oral arguments before SCOTUS Dec. 5. Published in the law blog The Volokh Conspiracy under the heading A First Amendment For Everyone: https://tinyurl.com/3jv7rkty
Over the past century the First Amendment’s protection of “the freedom of speech” has been interpreted to shield the reprehensible — White Supremacists and homophobes—as well as the admirable — the Black Civil Rights movement and the gay-rights cause. This jurisprudence reflects an American commitment to its own brand of classical liberalism in matters of conscience and expression.
On Monday, that commitment will be tested against another important one — equality under law — when the Supreme Court hears oral argument in 303 Creative LLC v. Elenis. Lorie Smith, a graphic designer who holds traditional religious views about marriage, wants to create custom websites only for weddings uniting one man and one woman.
