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July 29, 2021 (LifeSiteNews) — The Tenth Circuit ruled 2-1 on Monday in 303 Creative LLC v. Elenis that Colorado’s Anti-Discrimination Act (CADA) “permissibly compels” speech to approve same-sex “weddings.”
The majority opinion, led by Judge Mary Beck Briscoe and joined by Judge Michael Murphy, stated that the refusal to design websites celebrating same-sex relationships would “arguably” deny service “because of sexual orientation,” and therefore interfere with the “equal access to publicly available goods and services” that CADA is designed to ensure.
Briscoe concluded that “a faith that enriches society in one way might also damage society in other, particularly when that faith would exclude others from unique goods or services.”
Chief Judge Timothy Tymkovich dissented, calling the decision “unprecedented” and warning of a “brave new world” where the government could “regulate” the work of “all artists” if the decision is “taken to its logical end.”
“No case has ever gone so far,” wrote Tymkovich.
Lorie Smith, creative owner of the marketing, web and graphic design company 303 Creative LLC, preemptively challenged CADA in anticipation of legal challenges
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