Colorado Officials Pay $1.5 Million for Violating the Constitution

by Zachary Mettler | November 22, 2024 | Free Speech

The state of Colorado has agreed to pay more than $1.5 million in attorneys’ fees for violating the First Amendment rights of graphic artist Lorie Smith.

The notice of settlement brings Smith’s case to a close, after the U.S. Supreme Court upheld the free speech rights of all Americans by ruling in her favor back on June 30, 2023.

Lorie Smith sought to run her graphic art business in accordance with her faith – which includes the teaching that marriage is between one man and one woman.

But Colorado tried to prohibit her from creating custom artwork for traditional weddings if she refused to do so for “same-sex” weddings.

Therefore, Smith filed a lawsuit – with the help of attorneys from Alliance Defending Freedom – seeking an injunction to prevent Colorado from forcing her to create custom websites celebrating same-sex marriages.

In a 6-3 opinion ruling in Smith’s favor, the Court’s majority held that “The First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.”

You can watch a brief video – created before the U.S. Supreme Court ruled in Smith’s favor – summarizing her story below:

ADF CEO and President Kristen Waggoner, who argued before the Supreme Court on behalf of Smith and 303 Creative, issued a statement after the recent settlement.

“The government can’t force Americans to say things they don’t believe, and Colorado officials have paid and will continue to pay a high price when they violate this foundational freedom,” Waggoner said, adding,

For the past 12 years, Colorado has targeted people of faith and forced them to express messages that violate their conscience and that advance the government’s preferred ideology. First Amendment protections are non-negotiable. Billions of people around the world believe that marriage is the union of one man and one woman and that men and women are biologically distinct. No government has the right to silence individuals for expressing these ideas or to punish those who decline to express different views. Political and cultural winds shift, but the freedom to speak without fear of censorship is a God-given constitutionally guaranteed right, essential for a flourishing society and self-governing people.

Lorie Smith also issued a statement applauding the settlement.

“After enduring Colorado’s censorship for nearly seven years, I’m incredibly grateful for the work of my attorneys at Alliance Defending Freedom to bring my case to victory,” Smith said.

She added:

As the Supreme Court said, I’m free to create art consistent with my beliefs without fear of Colorado punishing me anymore. This is a win not just for me but for all Americans—for those who share my beliefs and for those who hold different views. I love people and work with everyone, including those who identify as LGBT. For me, it’s always about what message is requested, never the person making the request. I hope that everyone will celebrate the court’s decision upholding this right for each of us to speak freely.

Hopefully Colorado officials will learn their lesson and stop attempting to force people of faith – like Lorie Smith and Jack Phillips – to violate their conscience.

Congratulations to Lorie Smith and ADF on their hard fought – and well-deserved – victory.

The case is 303 Creative v. Elenis.

Related articles and resources:

Correcting the Record on 303 Creative

Landmark Victory for Free Speech at the U.S. Supreme Court

Faithful Christian Witness in Our Modern World is Costly

Christian Website Designer Gets Her ‘Supreme’ Day in Court

Supreme Court Will Hear Major Religious Free Speech Case from Colorado

Christian Web Designer Must Create Same-Sex Wedding Websites, Federal Court Rules

Photo from Alliance Defending Freedom.