The U.S. Supreme Court ruled that a Colorado Christian web designer could deny service to gay couples wanting to create a website for their marriage. The court found a free speech right to refuse to endorse messages contrary to one’s beliefs. “The First Amendment envisions the United States as a rich and complex place,” wrote Justice Neil Gorsuch in the 6-3 decision, “where all persons are free to think and speak as they wish, not as the government demands.” (NBC News, June 30, 2023, by Lawrence Hurley)
In dissent, Justice Sonia Sotomayor said that refusal to do the web designs amounted to discrimination based on who they are. Heretofore the Supreme Court had rejected efforts to claim a right to discriminate but failed in this instant. (NPR, Juine 30, 2023, by Nna Totenberg)
Gorsuch portrayed the decision as essential to preserving the free speech rights of artists and others in the creative arts. The government could force people to accept commissions on topics with messages contrary to their beliefs. ““Taken seriously,” he wrote, “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 New York Times, June 30, 2023, by Abbie VanSickle and Adam Liptak)