claims she will do some work for LGBTQ clients, but cannot create custom-made wedding websites. She further claims that the products she creates are a form of “artistic expression” that should be protected under the First Amendment, and therefore, she should be exempt from having to abide by Colorado’s Anti-Discrimination Act.Smith’s lawsuit was dismissed in May 2019, on the grounds that she had filed suit before the state had taken any action against her — or before she had even been asked to create a website for a same-sex couple — and thus, had no grounds to sue.
A federal district judge ruled against her in September 2019, finding that her proposal to post a statement outlining her objection to promoting same-sex weddings “proposes an unlawful act” because it proposes to illegally deny services to same-sex couples on the basis of their sexual orientation.
Smith then appealed the decision to the 10th U.S. Circuit Court of Appeals.In July 2021, the appeals court ruled 2-1 that businesses that open themselves up to the public must provide services for same-sex marriages if they offer the same services for opposite-sex weddings.
The majority found that the Accommodation Clause of the Colorado Anti-Discrimination Act was “narrowly tailored” to the state’s interest in ensuring “equal access to publicly available goods and services.”“Excepting Appellants from the Accommodation Clause would necessarily relegate LGBT consumers to an inferior market because Appellants’ unique services are, by definition, unavailable elsewhere,” Senior Judge Mary Beck Briscoe wrote, rebuffing claims made by Smith’s lawyers that LGBTQ individuals should simply seek out similar services elsewhere.
Read more on metroweekly.com
Get the latest stars news and celebrity rumours with exclusive stories, photos, videos and interviews.
Breaking up, scandals, engagements, divorces, gossip – all you need to know about the private lives of your favorite celebs.
Get to know the latest showbiz news along with exclusive interviews and even more. All this is waiting for you on the main page 24 hours a day, 7 days a week! Who, where, when, with whom, how, why and for what!? Stay tuned to know first!
Just follow us daily and we will provide you with the current news from the life of famous stars and celebrities.
Owner: SNOWLAND s.r.o.
Registration certificate 06691200
Address:
Snowland s.r.o.
16200, Na okraji 381/41, Veleslavín, 162 00 Praha 6
Czech Republic
©2024. All rights reserved.