Page:303 Creative LLC v. Elenis.pdf/54

22 its wedding websites. The only thing the business may not do is deny whatever websites it offers on the basis of sexual orientation. This Court, however, grants the business a broad exemption from state law and allows the business to post a notice that says: Wedding websites will be refused to gays and lesbians. The Court’s decision, which conflates denial of service and protected expression, is a grave error.

303 Creative LLC is a limited liability company that sells graphic and website designs for profit. Lorie Smith is the company’s founder and sole member-owner. Smith believes same-sex marriages are “false,” because “ ‘God’s true story of marriage’ ” is a story of a “ ‘union between one man and one woman.’ ” Brief for Petitioners 4, 6–7 (quoting App. to Pet. for Cert. 188a, 189a); Tr. of Oral Arg. 36, 40–41. Same-sex marriage, according to her, “violates God’s will” and “harms society and children.” App. to Pet. for Cert. 186a.

303 Creative has never sold wedding websites. Smith now believes, however, that “God is calling her ‘to explain His true story about marriage.’ ” Brief for Petitioners 7 (quoting App. to Pet. for Cert. 188a). For that reason, she says, she wants her for-profit company to enter the wedding website business. There is only one thing: Smith would like her company to sell wedding websites “to the public,” App. to Pet. for Cert. 189a; Colo. Rev. Stat. §24–34–601(1), but not to same-sex couples. She also wants to post a notice on the company’s website announcing this intent to discriminate. App. to Pet. for Cert. 188a–189a. In Smith’s view, “it would violate [her] sincerely held religious beliefs to create a wedding website for a same-sex wedding because, by doing so, [she] would be expressing a message celebrating and promoting a conception of marriage that [she] believe[s] is contrary to God’s design.” Id., at 189a.

Again, Smith’s company has never sold a wedding website to any customer. Colorado, therefore, has never had to