Supreme Court Gay Rights Case Sparks Question About Scientology

U.S. Supreme Court Justice Neil Gorsuch posed a question on Monday about Scientology while hearing oral arguments in a crucial gay rights case.

The Court heard oral arguments Monday in 303 Creative LLC v. Elenis, a case about whether Colorado's anti-discrimination laws can compel a Christian web designer to create websites for same-sex couples' weddings despite her believing that her religion would prevent her from doing so.

Lorie Smith, the designer, believes the law is violating her right to free speech, as she believes marriage can be "only between one man and one woman." Critics say that a ruling in her favor would result in a reversal of civil rights rules that protect marginalized populations. The case will serve as a test as to whether or not anti-discrimination laws will apply to expressive products that are considered "art."

Gorsuch—seen as a conservative justice appointed by former President Donald Trump—questioned how Smith's case is different from compelling a freelance writer to write a press release or speech for the Church of Scientology.

"Does every press release writer or freelance writer have to write a press release for the Church of Scientology, say, even though the beliefs of that institution may be inimical to that person?" Gorsuch asked.

Scientology presents itself as a religion that emphasizes spiritual freedom and an alternative to mainstream religion. However, it has faced criticism from former members and is known for attracting high-profile followers such as Tom Cruise and Elizabeth Moss.

Colorado Solicitor General Eric Olson, who is defending the state's anti-discrimination laws, said that Colorado law would allow such a writer to decline to write for any religious institution "full stop." However, Gorsuch pressed him on whether state law would allow the writer to only refuse to write for institutions they disagrees with.

"Colorado could say, you as a speech writer could say, you know 'I write—the religious speeches that I write touch on a few traditions that I have knowledges on, and I don't write speeches that touch on other knowledges," Gorsuch said.

Olson acknowledged that a writer could "choose the contours of a product that you sell," so long as they sell that to everybody. Gorsuch then asked him what is different about Smith's case.

"The company, unlike our first example of the speechwriter, says in no uncertain terms will they ever sell a product or a service to a same-sex couple for a wedding," Olson responded, adding that it is different because "they are defining their service by their" sexual orientation, a protected class in Colorado.

Newsweek reached out to the Colorado Attorney General's office for comment.