Texans react after SCOTUS rules designer doesn't have to make websites for same-sex weddings

SCOTUS backs Colorado designer

The U.S. Supreme Court has ruled a Colorado graphic designer doesn't have to make websites for same-sex weddings. The decision pits anti-discrimination laws against free speech.

AUSTIN, Texas - The U.S. Supreme Court has ruled a Colorado graphic designer doesn't have to make websites for same-sex weddings. The decision pits anti-discrimination laws against free speech.

In a 6-3 decision, the conservative majority court said making the designer, Lorie Smith, accept jobs that violate her beliefs goes against her right to free speech. This overrules a lower court's decision against her.

This started when Smith sued the state of Colorado seven years ago over its anti-discrimination law.

Justice Neil Gorsuch wrote the majority opinion, which reads in part, "as this Court has long held, the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong."

Ricardo Martinez, chief executive officer at Equality Texas, shared his reaction.

"Having a decision like this come down really just contributes to the chilling effect and to the stigma that we know has consequences and ultimately impacts LGBTQ people across the state," he said.

He calls the decision irresponsible, given the political landscape.

"This decision does not give businesses permission to refuse LGBTQ people, but we know that that isn't necessarily what everyone's going to interpret, and so our worry is always with community and how we're going to be treated," he said.

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Eddy Carder, constitutional law and philosophy professor at Prairie View A&M University, says there's the question of standing, whether a party has the capacity to bring a lawsuit to court. There has to be some sort of imminent or actual injury to have standing, but since no website was created, it was hypothetical.

"This court might have been able to work around hearing this case on the basis of standing, but it chose not to do so, perhaps because they wanted to address this issue," he said.

He says the ruling means the state can't compel Smith to design something she doesn't agree with, and that also implies an LGBTQ designer doesn't have to design something they don't agree with.

"Free speech seems to be more weighty in this decision rather than the actual discriminatory implications of the decision," Carder said.

In a video posted on her attorney's YouTube, Smith says the ruling shows free speech is for everyone.

"I love people, and I create custom artwork for everyone, including those who identify as LGBT. For me, it's never about the who, it's about the what. When considering a potential project, I always look at the message being requested, never the person requesting it," she said.