I want to start this off by saying that I have two moms, and what I am going to talk about is something that feels personal to my family.
On Dec. 5, 2022, the United States Supreme Court heard the case of 303 Creative LLC v. Elenis, which dealt with an Evangelical Christian website designer, Lorie Smith, who wanted to post a notice saying she would not make a website for any same-sex weddings. The website designer also wanted to post a notice on her website stating her religious objections to same-sex marriage. Smith is suing Colorado’s Anti-Discrimination Act because she claims she is being forced to violate her religious beliefs, but in reality, she isn’t. You can be an Evangelical Christian, like Smith, but that doesn’t give you the right to create scenarios to be homophobic and hateful. Like Flowers v. State of Washington, this case raises the issue of whether or not private businesses can discriminate against same-sex couples based on their religious or personal beliefs.
Many of these SCOTUS cases that deal with discrimination against same-sex couples are grappling with the issue of the first amendment and freedom of speech being used as reasoning to discriminate against people based on their sexual orientations.
I feel that I have a unique perspective and relationship to cases of this nature, as I grew up with LGBTQ+ parents in the late 2000s. First of all, growing up during this time with two moms was an experience that not many people I know can relate to, so I have strong beliefs when it comes to SCOTUS cases that deal with discrimination against same-sex couples. My brother and I were born before Obergfell v. Hodges was passed in 2015, so I knew from a young age my family was different. My moms weren’t married until 2008 when same-sex marriage was legalized in Connecticut, and inevitably I was raised with a higher level of awareness of the issues that same-sex couples and LGBTQ+ individuals face in the United States.
Cases like 303 Creative LLC v. Elenis or Flowers v. State of Washington aren’t just an issue of freedom of speech versus discrimination to me. Those cases hit home because I imagine those couples as my parents, and this forces me to have a certain level of familiarity with those experiences.
These cases aren’t just about a website designer saying, “I don’t want to design a website for a same-sex couple.” They become outlets for homophobia to be spewed by anyone who disagrees with the idea of same-sex relationships. I don’t believe that everyone has to walk around with pride flags, but I do believe in treating everyone with respect regardless of their sexual orientation.
People like Lorie Smith are using their religion to be homophobic, then paint themselves as victims of the “liberal agenda.” Smith never had a same-sex couple request a website, but she wanted to make it known that she wouldn’t design their websites if they potentially sought out her services. She is essentially making up a scenario in which she may be asked to go against her religion as a guise to be homophobic. By deciding to post this “notice” without any same-sex couple ever requesting a website, she is going out of her way to make a scene about same-sex couples simply existing. She was never asked to violate her religious beliefs, but she decided she wanted to post a notice saying she wouldn’t work for a same-sex couple. Then, when she realized that posting a notice like that would violate the Colorado Anti-Discrimination Act, she decided she was going to sue for something that hasn’t even happened.
After talking to both of my moms about SCOTUS cases like this, the key part I want to emphasize is that many times if a same-sex couple is refused service because of their sexual orientation, they are not going to force anyone into working for them. Issues arise when these homophobic individuals take instances like this as an invitation to spread hate.
Not only is it a question of whether or not their personal beliefs should give them permission to openly be hateful, but it is also a question of what type of behavior they encourage in others. These types of SCOTUS cases get an insane amount of media attention, and it resonates with people who are homophobic. Republicans take these cases and use them as a tool to further their hateful agendas. They also go out of their way to make it seem like the “gay agenda” is being forced onto people when in reality it’s not in the slightest.
Religion and freedom of speech aren’t free passes to be hateful; there is a difference between claiming your religion doesn’t “support same-sex relationships” and actively encouraging homophobia. These SCOTUS cases do exactly that; they bring negative media attention to the LGBTQ+ community and allow for homophobia to thrive in this country. It is important to be conscious of the narratives that cases like this one spread and know the facts of these cases, not just the fantasy created by homophobes.
