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Marshall: SCOTUS opinion reinforces free speech

Alabama Attorney General Steve Marshall is celebrating a Supreme Court ruling Friday that he believes protects free speech in America.

The U.S. Supreme Court ruled Friday in favor of Lorie Smith, a Colorado graphic designer, who didn’t want to create wedding websites for same-sex marriages.

“The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish not as the government demands,” Justice Neil Gorsuch wrote in the majority opinion. “Because Colorado seeks to deny that promise, the judgment is reversed.”

In the case 303 Creative LLC v. Elenis, the court voted 6-3 saying that the Colorado Anti-Discrimination Act (CADA) is unconstitutional and reversing a lower court ruling against the graphic designer.

Marshall said it’s a victory for religious liberty and free speech in America.

“The Constitution and our First Amendment prevail. All Americans enjoy the right to freedom of conscience, and that freedom means the government cannot coerce anyone to speak against their deeply held beliefs,” said Marshall. “Today’s decision confirms that state and local government are not ‘immune to the demands of the Constitution.’”

Last year, Marshall joined attorneys general across the country in an amicus brief supporting 303 Creative’s right to free speech.

“The freedom against compelled speech applies in this case because Smith’s custom websites are her constitutionally protected speech,” the brief said. “The parties agree that ‘[a]ll of [her] website designs are expressive in nature, as they contain images, words, symbols, and other modes of expression that [Smith] use[s] to communicate a particular message.’ And the Tenth Circuit recognized that Smith’s ‘creation of wedding websites is pure speech.’ Because Smith speaks through her custom design work, Colorado cannot force her to address the topic of same-sex marriage—let alone to ‘express approval and celebration’ of same-sex marriage, as the Tenth Circuit’s decision would force her to do.”

Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on Twitter @Yaffee

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