The media has portrayed the Colorado government’s side as the “gay rights” position, while casting Smith’s side as the “religious liberty” side. Yet I am gay, and I am not religious, and I still think Smith should win this case.
It’s not because I sympathize with her position. I think it’s wrong and outdated, in fact. But it’s because I want to live in a society where all people have the right to freedom of conscience. In particular, I want that right for LGBT people, too.
Imagine this alternative scenario: A gay man owns a website design business and a Christian group wants to hire him to create a website featuring anti-gay bible verses and preaching against homosexuality. If he refuses, under current Colorado law — which also has religion as a protected class — he would be just as guilty as Smith would be. But if the Supreme Court carves out an exception for free speech, both can live by their consciences.
And no, a ruling for Smith doesn’t negate all anti-discrimination laws. Even Smith’s side in this case acknowledges that all services which don’t involve speech—think catering or rental housing, for example—should still be bound by normal anti-discrimination laws. They simply want a narrow carve out for conscience rights in speech-based services.
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