Lorie Smith

Podcast: Can journalists imagine 'mirror' cases in which 303 Creative protects liberals?

Podcast: Can journalists imagine 'mirror' cases in which 303 Creative protects liberals?

If you follow Robert P. George in social media, you probably know several things about this legal scholar.

(1) He is a political philosopher and professor of jurisprudence at Princeton University.

(2) George is a doctrinally conservative Roman Catholic.

(3) He is a skilled Americana musician (think folk, gospel and bluegrass) who plays the banjo and a 12-fret acoustic guitar (I’m a big fan of the latter).

(4) In the public square, he is relentlessly irenic, seeking ways to view issues through the lens of those with whom he disagrees. This approach has been demonstrated during years of joyful and informative pro-tolerance dialogues with his close friend Cornel West, a liberal’s liberal known for decades of provocative classroom work at Princeton, Harvard and Union Seminary.

From a GetReligion point of view, it’s also important that — based at Princeton — George lives right on the edge of what could be called the Archdiocese of The New York Times and he pays close attention to mainstream news coverage of religion and public life.

This is why George played a key role in this week’s “Crossroads” podcast (click here to tune that in), which was a follow-up to my recent post with this headline: “After 303 Creative: Can readers find Twitter voices (hello David French) that help us think?”

After the latest wave of U.S. Supreme Court decisions, George posted a Mirror of Justice commentary in which he noted that Times editors seemed remarkable unaware of the actual contents of the majority opinions. The headline on the Gray Lady’s initial 303 Creative story was, in GetReligion terms, a classic: “Web Designer Wins Right to Turn Away Gay People.

The problem was that Justice Neil Gorsuch — author of the court’s landmark Bostock decision (.pdf here) backing trans rights — said the opposite of that in his 303 Creative majority opinion (.pdf here).


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Covering the 303 Creative decision: Why do reporters keep ignoring the fine print?

Covering the 303 Creative decision: Why do reporters keep ignoring the fine print?

Judging from the recent coverage on the US Supreme Court’s decision on 303 Creative v. Elenis, you’d think that a pogrom against LGBTQ Americans is in process.

Many of the headlines came out and said that SCOTUS was allowing businesses to turn away gay customers, period. That’s false and that’s clear in the majority opinion. The truth was that you cannot compel people to create and deliver a message demanded by these customers if you don’t agree with that message (in this case for reasons of religious doctrine and practice).

I’ll start with the Denver Post, in whose backyard the whole case developed.

First, a note to the Post editors: Underneath the headline (“Colorado wedding website designer can refuse gay customers, U.S. Supreme Court rules”) the subhead spells Justice Neil Gorsuch’s name wrong. Being that Gorsuch, the writer of the opinion, is very well known by locals — as he was a longtime Colorado resident before ascending to the high court — the Post might want to correct that.

The First Amendment allows a Colorado graphic designer to refuse to make wedding websites for same-sex couples, the U.S. Supreme Court ruled Friday in a decision that could have a sweeping nationwide impact.

The high court ruled for Littleton graphic artist Lorie Smith, who said her Christian faith prevents her from creating wedding websites for same-sex couples. Smith, who runs the business 303 Creative, wanted to make wedding websites only for straight couples.

I skimmed the article and didn’t see anything about religious beliefs being the reason behind Smith’s decision until well into the piece.

Also, note that — once again, we’re talking about the printed content of the majority decision — declining to do same-sex wedding content is not the same thing as the ability to refuse customers, period.

She challenged Colorado’s public accommodation law, which says that if she offers wedding websites to the public, she must provide them to all customers. Businesses that violate the law can be fined, among other penalties.


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Christian web designer at the Supreme Court: How reporters covered 303 Creative case

Christian web designer at the Supreme Court: How reporters covered 303 Creative case

On the face of it, 303 Creative v. Elenis, a case heard before the U.S. Supreme Court on Monday, sounded unimpressive.

A Christian web designer living near Denver was suing her state civil rights commission for the right to create wedding web sites without having to include creative content about same-sex weddings in the mix. She hadn’t been approached by any gay couples yet — but because she might be, she launched a pre-emptive lawsuit with the aid of the Alliance Defending Freedom, a law firm with an impressive track record of 11 wins at the Supreme Court level.

Yet, the more I read about the case and the issues it was trying to raise, the more intrigued I got. And the hearing on Monday didn’t disappoint. It lasted some two and one-half hours, which is long by Court standards. Covering hour-long hearings at the high court is difficult at best; I can only imagine how tough it was for reporters to sift through 150 minutes of speech — and all the tangents that were involved — to sum up how the hearing went.

Which is why I am merely critiquing the first drafts of what I hope will be more in-depth articles as time goes on. I’ll start with how CBS covered the story:

The Supreme Court's conservative bloc appeared sympathetic Monday to a Colorado graphic designer who argues a state law prohibiting discrimination on the basis of sexual orientation violates her free speech rights by forcing her to express a message that conflicts with her closely held religious beliefs.

During oral arguments in the case known as 303 Creative LLC v. Elenis, the court seemed to move closer to resolving a question it has left unanswered since 2018, when it narrowly ruled in favor of a Colorado baker who refused to make a cake for a same-sex wedding: whether states like Colorado can, in applying their anti-discrimination laws, compel an artist to express a message they disagree with.

An editorial comment: It's a minor annoyance that the plural “they” is used for a singular “artist.” Just write “he or she” for heaven’s sake.

One issue with reporting on this case is that it takes a ton of backstory to explain that this case isn’t just about a web designer, but also a cake designer-baker in a previous Supreme Court case.


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Plug-In: From Loretta Lynn to Aaron Judge, the week's top nine religion newsmakers

Plug-In: From Loretta Lynn to Aaron Judge, the week's top nine religion newsmakers

A country music queen. A home run king.

A former White House press secretary. A current U.S. Supreme Court plaintiff.

They are among nine key religion newsmakers who made headlines this past week (in alphabetical order):

Bart Barber: I’m showing a little bias here because I wrote this week’s Associated Press profile of Barber, a small-town Texas pastor and rancher elected to lead the 13.7 million-member Southern Baptist Convention at a time of major crisis. Barber will be featured Sunday night in a “60 Minutes” interview with Anderson Cooper.

Chris Jones and Sarah Huckabee Sanders: Jones is the Democrat and Sanders the Republican in Arkansas’ gubernatorial race. “With two preachers’ kids and a pastor in the race, Arkansans are poised to elect a governor who can sing hymns by heart and quote Scripture from memory,” the Arkansas Democrat-Gazette’s Frank Lockwood writes as he delves into faith and politics. (Sanders served as former President Donald Trump’s White House press secretary from 2017 to 2019.)

Aaron Judge: The New York Yankees star made history when he hit his 62nd home run of the season Tuesday night. Prayer and faith played a key role during Judge’s chase, reports the Deseret News’ Ryan McDonald.

Loretta Lynn: The country music superstar and Kentucky coal miner’s daughter died Tuesday at age 90. “She really was serious about her faith and a devout member of the church,” retired minister Terry Rush, who maintained a close friendship with Lynn, told me.

John Henry Ramirez: The Texas killer fought all the way to the U.S. Supreme Court to have his pastor lay hands on him and pray during his execution. “Just know that I fought a good fight, and I am ready to go,” Ramirez said before his death by lethal injection Wednesday, as noted by The Associated Press’ Juan A. Lozano and Michael Graczyk.

Lorie Smith and Jack Phillips: The two claim in an opinion piece for USA Today that Colorado is trampling on their First Amendment rights as Christian artists, and they’re fighting back. Website designer Smith’s case is headed to the U.S. Supreme Court, the Deseret News’ Kelsey Dallas reports.


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