The 303 Creative vs. Elenis case, which will presumably be announced near the end of June, is one of the most crucial, perhaps the most crucial case to be decided by the Supreme Court in the war between sexual liberation and religious liberty. It is being analyzed by the court as a free speech case, although freedom of religion and conscience really lie behind it, and was reviewed by this writer in two articles late last year, one before, and one after oral arguments before the Supreme Court.
As noted particularly in the second article, the free speech claim against requiring the proprietor of 303 Creative, Lori Smith, to provide web design for same-sex weddings is strong. Providing web design for same-sex weddings is now required by common court interpretation of the Colorado Anti-Discrimination Act (CADA). But free speech for what is obviously expressive behavior seemed to be strongly defended by a majority of justices at the December 5 oral arguments.
As the secular and…
