By Jessica Gresko | Associated Press
Rule against her and the justices will force artists — from painters and photographers to writers and musicians — to do work that is against their faith, conservative groups argue. But the American Civil Liberties Union, in a brief filed with the court, was among those that called Smith’s argument “carte blanche to discriminate whenever a business’s product or service could be characterized as ‘expressive,’” a category of businesses that could range from “luggage to linens to landscaping.” Those businesses, they said, could announce, “We Do Not Serve Blacks, Gays, or Muslims.
Smith wants to begin offering wedding websites, but she says her Christian faith prevents her from creating websites celebrating same-sex marriages. That could get her in trouble with state law. Colorado, like most other states, has a public accommodation law that says if Smith offers wedding websites to the public, she must provide them to all customers. Businesses that violate the law can be fined, among other things.
“A bakery whose owner opposed mixed-race relationships could refuse to bake wedding cakes for interracial couples,” the states said. A “real estate agency whose owner opposed racial integration could refuse to represent Black couples seeking to purchase a home in a predominantly white neighborhood; or a portrait studio whose proprietor opposes interracial adoption could refuse to take pictures of white parents with their Black adopted children.
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