Listen Live: Supreme Court hears case pitting free speech against LGBTQ rights - CBS News

Washington — The Supreme Court is proceeding oral arguments Monday implicit an contented the justices person been asked to resoluteness before, considering a lawsuit that pits the First Amendment close to escaped code against LGBTQ rights.

Colorado is erstwhile again the battleground successful the latest lawsuit earlier the court, brought by graphic decorator Lorie Smith. Smith, similar bakers Jack Phillips and Aaron and Melissa Klein, and florist Barronelle Stutzman before her, is simply a Christian concern proprietor who says her spiritual beliefs forestall her from creating customized websites for a same-sex wedding. But her stance could interruption Colorado's nationalist accommodation law, which prohibits businesses unfastened to the nationalist from refusing work due to the fact that of intersexual predisposition and announcing their intent to bash so.

Smith argues the instrumentality violates her First Amendment rights, saying the authorities is forcing her to explicit a connection she disagrees with.

"If the authorities tin censor and compel my speech, it tin censor and compel anybody's speech," she told CBS News earlier the arguments. "We should each beryllium escaped to unrecorded and enactment consistently with our profoundly held beliefs."

On Monday, the court's 3 wide justices — Elena Kagan, Ketanji Brown Jackson and Sonia Sotomayor — peppered Kristen Waggoner, Smith's counsel, astir whether her enactment creating websites should beryllium considered her speech, and whether different businesses should beryllium allowed to contradict services connected the ground of race, ethnicity oregon disablement if the tribunal rules successful her favor. 

"I support looking astatine each of the mockups and each of them subordinate to what [a couple] is doing," Sotomayor said, referring to examples of Smith's websites. "I don't understand, however is this your story? It's their story."

Waggoner replied that the code would inactive beryllium Smith's, comparing her work to the enactment of a paper exertion oregon ghostwriter: "What matters is what the objection is that the talker is being asked to make ... If you don't judge they should beryllium telling their story, and what they're asking you to bash is archer their story, past you don't person to bash that."

The Supreme Court was past confronted with a lawsuit sitting astatine the crossroads of the First Amendment and LGBTQ rights successful 2018, successful a quality involving Phillips, who refused to marque a barroom for a same-sex wedding a decennary ago. The baker, who owns Masterpiece Cakeshop successful Lakewood, Colorado, argued the state's nationalist accommodation instrumentality requiring him to make a barroom for a same-sex wedding would interruption his close to escaped code and spiritual freedom. 

The Supreme Court ruled narrowly for Phillips, uncovering the Colorado Civil Rights Commission acted with hostility toward his sincere spiritual beliefs. But it near unanswered the question of whether states similar Colorado can, successful applying their anti-discrimination laws, compel an creator to explicit a connection they disagree with.

Smith's case, known arsenic 303 Creative LLC v. Elenis, could present beryllium the conveyance for addressing that issue.

"Nobody should beryllium forced to make artwork, customized expression, that goes against the halfway of who they are and what they believe. And that's what Colorado is doing," she said.

Web decorator Lorie Smith is shown successful her bureau connected Monday, Nov. 7, 2022, successful the southwest portion of Littleton, Colorado. David Zalubowski / AP

Smith started her web plan business, 303 Creative, astir a decennary agone and insists that each website she creates is one-of-a-kind and unique. With plans to grow her concern to make customized websites for weddings, Smith does not privation to plan websites for cheery weddings, arsenic same-sex matrimony violates her spiritual beliefs, and she wants to station a connection to 303 Creative's website disclosing that she volition not bash so.

Smith says she serves clients of each antithetic backgrounds, and she insists that she makes distinctions based connected the connection requested, not the idiosyncratic requesting it. If, for example, a wedding planner asks Smith to make a website for a same-sex wedding, she volition inactive entity to the request.

"What's unfortunate is that what I'm asking the tribunal to support is the close for each to talk freely," Smith said. "This not lone protects me, it protects the LGBT web decorator who shouldn't beryllium forced to pass messages that spell against their profoundly held beliefs, and the close to talk freely is guaranteed to each of us." 

Smith filed a suit successful 2016 seeking to artifact enforcement of the state's nationalist accommodation instrumentality against her.  A national territory tribunal sided with Colorado, and a divided sheet of the U.S. Court of Appeals for the 10th Circuit affirmed, concluding that the instrumentality is narrowly tailored to Colorado's compelling involvement successful ensuring adjacent entree to publically disposable goods and services.

Chief Judge Timothy Tymkovich, who dissented, said the authorities instrumentality compelled and suppressed Smith's speech, and violated her close to escaped workout of religion. 

"Though I americium loathe to notation Orwell, the majority's sentiment endorses important authorities interference successful matters of speech, religion, and conscience," helium wrote.

Smith appealed to the Supreme Court successful September 2021, asking the justices to determine whether applying an anti-discrimination instrumentality similar Colorado's to compel an creator to speak, contrary to their spiritual beliefs, violates the escaped code oregon escaped workout clauses of the First Amendment.

The precocious tribunal agreed successful February to perceive Smith's case, but constricted the question to the escaped code issue.

Kristen Waggoner, who heads the Alliance Defending Freedom and volition reason the lawsuit earlier the Supreme Court connected behalf of Smith, said that narrowing the question allows the Supreme Court to "more easy get to the bosom of the matter" of whether the authorities tin unit radical to accidental things they don't believe.

"No 1 should beryllium forced to explicit thing that violates their convictions connected immoderate issue," she told CBS News. "Speakers don't suffer their rights simply due to the fact that they are trying to gain a living."

Waggoner, who besides argued Phillips' lawsuit 5 years ago, noted that nationalist accommodation laws and the First Amendment person "coexisted for galore years," with the rights of speakers person been protected. 

Twenty Republican-leaning states signed connected to a friend-of-the-court brief supporting Smith, telling the tribunal that their mentation of nationalist accommodation laws demonstrates however to onslaught a equilibrium betwixt protecting artists' code by allowing message-based objections and preventing favoritism successful the marketplace.

"Never successful our past has the authorities really compelled ideological, governmental oregon spiritual speech, ever," Waggoner said. "This would beryllium the archetypal time."

But Colorado officials defending the instrumentality reason it is needed to guarantee customers tin enactment arsenic successful the marketplace. Adopting Smith's position, Attorney General Phil Weiser told the tribunal successful a filing, "would encompass not lone a business's objections to serving definite customers motivated by sincerely held spiritual beliefs, but besides objections motivated by ignorance, whim, bigotry, caprice, and much — including axenic expressions of racial, sexist, oregon anti-religious hatred."

The authorities besides argues that allowing a concern to garbage work would interruption from the nation's agelong contented of protecting customers' quality to bargain goods and services careless of religion, race, disablement and different protected characteristics.

The Biden medication is backing Colorado successful the quality and told the Supreme Court that the First Amendment does not entitle Smith to a categorical exemption from a instrumentality protecting from discrimination.

"Public accommodations laws frankincense sometimes incidentally necessitate owners of expressive businesses to enactment successful a mode inconsistent with their profoundly held beliefs," the Justice Department said successful a filing to the court. "But nether this Court's precedents, those incidental burdens are a permissible — indeed, uncontroversial — effect of a determination to connection expressive goods oregon services to the public."

Both Smith and Colorado pass that a determination successful favour of their respective opponents could beryllium harmful, and the consequences wide-ranging.

For Smith and groups backing her successful the dispute, a ruling successful favour of Colorado would unit immoderate creator oregon talker to explicit messages they disagree with, they say.

"Many [of these laws] person governmental ideology, governmental belief, arsenic a protected class, meaning that a Democrat would person to constitute a slogan for a Republican, oregon a Muslim mightiness person to constitute thing for an evangelical church," Waggoner said. "It truly transcends the contented of marriage, and we're hopeful that the tribunal volition again affirm a precise basal rule that escaped code is for everyone."

Colorado, she said, is taking the presumption that "they person the powerfulness to compel an creator to make customized expression, and that should profoundly interest each Americans, that a authorities would beryllium capable to punish those with whom it disagrees due to the fact that it disagrees with their viewpoint connected an issue."

But Weiser and states backing Colorado pass that a determination successful enactment of Smith would unfastened the doorway to much discrimination.

"Every day, Coloradans bargain the goods and services they request from businesses that unfastened their doors to the public. Many of these goods and services person heavy meaning for their buyers: flowers for a spouse's funeral, household photographs to observe a baby's arrival, a customized suit to commencement a caller job," helium told the court. "These customers bash not look, love, oregon worship the aforesaid way. But they each expect to enactment successful the nationalist marketplace arsenic equals. A concern that rejects these customers due to the fact that of who they are harms them arsenic they question to explicit their grief, people their joy, and amended their lives."

Twenty-one Democratic-leaning states and the District of Columbia said successful their ain filing to the Supreme Court that siding with Smith could pb members of protected groups to beryllium exposed to favoritism successful a "broad swath" of the marketplace.

They wrote: "Examples abound of businesses that could garbage to supply a work to customers based lone connected the businesses' objection to immoderate 'message' that, astatine its core, hinges lone connected those customers' identities: A bakery whose proprietor opposed mixed-race relationships could garbage to cook wedding cakes for interracial couples; a existent property bureau whose proprietor opposed radical integration could garbage to correspond Black couples seeking to acquisition a location successful a predominantly achromatic neighborhood; oregon a representation workplace whose proprietor opposes interracial adoption could garbage to instrumentality pictures of achromatic parents with their Black adopted children."

A determination from the Supreme Court is expected by the extremity of June.