Smith’s case is similar to 2018’s Masterpiece Cakeshop v. Rather, it is a pre-enforcement challenge intended to prevent the use of the law that Smith's attorneys say affects creative professionals who have religious or moral concerns about creating content that violates their beliefs. Her case is not a response to government action.
Because of the law, Smith has not sought to expand her business to include designing websites for weddings. Smith's attorneys say that the law would force her to live under threat of prosecution if she declines to design and publish websites that promote messages or causes that conflict with her beliefs, such as messages that promote same-sex marriage or same-sex weddings. The Colorado-based web designer fears prosecution under Colorado’s Anti-Discrimination Act, which includes sexual orientation and gender identity as protected classes. “As a Christian who believes that God gave me the creative gifts that are expressed through this business, I have always strived to honor Him in how I operate it,” her website description states. Her work is animated by her deeply-rooted faith, she says. Smith, the owner of the graphic arts and website designing business 303 Creative, is being represented in the case by Alliance Defending Freedom.
