In a case that has caught the attention of many, the Supreme Court is deliberating on an issue that questions the legal protections afforded to LGBTQ individuals in accessing public accommodations. This case, 303 Creative LLC v. Elenis, bears resemblances to the infamous Masterpiece Cakeshop v. Colorado. Both cases involve small-business owners, a baker in the former and a web designer in the latter, who seek to deny services to same-sex couples planning their weddings. However, an important distinction arises: while the Masterpiece Cakeshop case involved an actual couple and a wedding cake, 303 Creative's case centers around a hypothetical scenario created by an anti-LGBTQ group. Let us examine this situation and shed light on the ulterior motives behind such a case.
A Contrived Argument
303 Creative, a small business owned by Lorie Smith in Colorado, is being represented by Alliance Defending Freedom (ADF), a group known for opposing civil rights protections for LGBTQ individuals. ADF has presented Smith as a victim whose rights are allegedly infringed upon by Colorado's anti-discrimination law, which protects individuals from discrimination based on sexual orientation. However, it is crucial to note that Smith has never designed a wedding website and has never been approached by a client seeking such services. ADF has crafted a narrative where Smith's rights are supposedly violated, despite the absence of any actual harm.
The Strategy of Alliance Defending Freedom: ADF's involvement in this case aligns with their larger agenda of eroding the separation between church and state. They have a history of advocating for patriarchal sex and gender norms, including opposing same-sex marriage and defending abortion bans. With 303 Creative, ADF seeks to redefine civil rights protections for LGBTQ individuals as religious discrimination against Christians. By characterizing this legal battle as an infringement on Smith's rights, ADF aims to undermine anti-discrimination laws and advance their own ideology.
When the Supreme Court previously ruled on the Masterpiece Cakeshop case, ADF did not achieve the decisive victory they had hoped for. Despite the conservative nature of the court, the ruling did not establish that the right to refuse services based on objections to someone's sexual orientation outweighs the individual's right to accommodation itself. Nevertheless, ADF considered the decision as an opportunity to argue that laws against sexual orientation discrimination infringe upon religious liberty. In their current case, 303 Creative, ADF appears to have found a more sympathetic audience among the conservative justices.
ADF's "War on Woke" Narrative
ADF has framed the 303 Creative case within the context of a broader conservative narrative, portraying themselves as underdogs fighting against supposed oppressors. They align themselves with right-wing voices, claiming that cultural elites and policies affirming transgender rights or LGBTQ equality are detrimental to society. By embracing this narrative, ADF aims to rally support and expand their influence, even though they have achieved notable victories in the Supreme Court and hold significant sway over judicial appointments.
\The argument presented by ADF during the 303 Creative case lacks a foundation in reality. Even if Smith were to be hired to design a wedding website for a same-sex couple, there is no compulsion for her to express any message that contradicts her beliefs. The anti-discrimination law does not dictate specific content that artists or individuals must convey. ADF's pre-enforcement challenge is divorced from the actual provisions of the law, further weakening their case.
While Smith has not faced any actual harm, ADF has already achieved a partial victory by bringing attention to 303 Creative through this case. The publicity surrounding the lawsuit has effectively communicated Smith's stance on same-sex couples seeking her services, without the need for explicit statements on her website. However, it is crucial to recognize the broader implications of this case. If ADF's arguments gain legitimacy, it could potentially affect the rights of numerous groups and communities beyond hypothetical weddings and websites. It is imperative to critically analyze cases like 303 Creative and understand the motivations behind them, as they have far-reaching consequences for the pursuit of equality and justice.
