303 Creative v. Elenis
Description: Lorie Smith is an artist who runs her own design studio, 303 Creative. She specializes in graphic and website design and loves to visually convey messages in every site she creates. She left the corporate design world to start her own small business in 2012 so she could use her skills to promote causes consistent with her beliefs and close to her heart, such as supporting children with disabilities, the beauty of marriage, overseas missions, animal shelters, and veterans. She was excited to expand her portfolio to create websites that celebrate marriage between a man and a woman, but Colorado made clear she’s not welcome in that space. A Colorado law is censoring what she wants to say and requiring her to create designs that violate her beliefs about marriage. She enjoys working with people from all walks of life, but, like most artists, can’t promote every message. Her decisions about which projects to design are based on what message she’s being asked to express, not who requests it. After realizing that Colorado was censoring her and after seeing Colorado use this same law to punish Masterpiece Cakeshop owner Jack Phillips, she challenged the law to protect her freedom and her art studio.
Colorado officials to pay $1.5M for violating Constitution
DENVER – To conclude a lawsuit brought by Alliance Defending Freedom attorneys, the state of Colorado has agreed to pay more than $1.5 million in attorneys’ fees for violating the First Amendment rights of graphic artist Lorie Smith and her design studio, 303 Creative. This fee settlement comes after the U.S. Supreme Court’s historic ruling in 303 Creative v. Elenis upholding free speech for all Americans and the district court’s final judgment requiring Colorado officials to comply with the First Amendment and allow Smith to speak consistently with her beliefs.
Colorado officials threatened and censored Smith’s speech for nearly seven years before she was victorious at the high court. They have also relentlessly pursued other Colorado artists—like cake designer Jack Phillips—for years, filing complaints against him for expressing only messages consistent with his religious beliefs.
“The government can’t force Americans to say things they don’t believe, and Colorado officials have paid and will continue to pay a high price when they violate this foundational freedom,” said ADF CEO and President Kristen Waggoner, who argued before the Supreme Court on behalf of Smith and 303 Creative. “For the past 12 years, Colorado has targeted people of faith and forced them to express messages that violate their conscience and that advance the government’s preferred ideology. First Amendment protections are non-negotiable. Billions of people around the world believe that marriage is the union of one man and one woman and that men and women are biologically distinct. No government has the right to silence individuals for expressing these ideas or to punish those who decline to express different views. Political and cultural winds shift, but the freedom to speak without fear of censorship is a God-given constitutionally guaranteed right, essential for a flourishing society and self-governing people.”
“After enduring Colorado’s censorship for nearly seven years, I’m incredibly grateful for the work of my attorneys at Alliance Defending Freedom to bring my case to victory,” Smith said. “As the Supreme Court said, I’m free to create art consistent with my beliefs without fear of Colorado punishing me anymore. This is a win not just for me but for all Americans—for those who share my beliefs and for those who hold different views. I love people and work with everyone, including those who identify as LGBT. For me, it’s always about what message is requested, never the person making the request. I hope that everyone will celebrate the court’s decision upholding this right for each of us to speak freely.”
The Supreme Court’s landmark decision in the case has already been cited nearly 1,000 times in court opinions, briefs, and other legal publications.
ADF attorneys sued Colorado in 2016 on Smith’s behalf for misusing state law to violate the U.S. Constitution. The lawsuit argued that a decision for Smith would benefit all Americans, regardless of their beliefs, and help end nearly two decades of unconstitutional government coercion against artists across the country. In civil-rights litigation brought against the government, it is common for the government to pay attorneys’ fees to the prevailing party.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
# # #
Photos
Commentary
Previous News Releases
Legal Documents
Related Resources
ABOUT Kristen Waggoner
As the CEO, president, and general counsel of Alliance Defending Freedom, Kristen Waggoner leads the faith-based organization in advancing every person's God-given right to live and speak the truth in the U.S. and around the world. She oversees more than 450 ADF team members in 10 global offices. Since 2011, ADF has won 15 cases at the U.S. Supreme Court, three of which were argued by Waggoner: Masterpiece Cakeshop v. Colorado Civil Rights Commission, Uzuebgunam v. Presczewski, and 303 Creative v. Elenis. ADF also has a strong record of international success at the European Court of Human Rights, United Nations, and other leading courts and tribunals and has secured the release of more than 1,000 imprisoned Christians. After clerking with Washington Supreme Court Justice Richard B. Sanders, Waggoner practiced law for over 16 years at a Seattle firm before joining ADF in 2013. She is Peer Review Rated AV® Preeminent™ in Martindale-Hubbell. Waggoner is a sought-after public speaker who often appears in national and international media outlets.
ABOUT Kate Anderson
Kate Anderson serves as senior counsel with Alliance Defending Freedom, where she is the director of the Center for Parental Rights. In this role, she leads the team working to ensure schools respect the role of parents in directing the upbringing, education, and health care of their children. In 2023, Anderson, together with allied attorneys, successfully defended parents in Wisconsin, and her team is actively engaged in many other states and courts protecting the fundamental rights of parents. Anderson's work at ADF began in 2015, focusing on protecting the conscience rights of individuals being unjustly compelled to forfeit their beliefs under threat of government retaliation, heavy fines, or other punishment. Prior to joining ADF, Anderson was an associate attorney with Ellis, Li & McKinstry, PLLC, in Seattle, where she litigated both civil and criminal cases. She obtained her law degree magna cum laude in 2009 from Gonzaga University School of Law, where she served on the Gonzaga Law Review . She is admitted to the state bars of Arizona and Washington, the U.S. Supreme Court, and several federal district and appellate courts.
ABOUT Jonathan Scruggs
Jonathan Scruggs serves as senior counsel and vice president of litigation strategy and the Center for Conscience Initiatives with Alliance Defending Freedom. In this role, he identifies new litigation opportunities and develops new strategies for protecting free speech and religious liberty in collaboration with the chief legal counsel and litigation team directors. As the leader for the Center for Conscience Initiatives, Scruggs oversees the litigation team defending the rights of professionals and business owners to live out their faith as well as the litigation efforts to protect equal opportunities for women in athletics. Since joining ADF in 2006, Scruggs has worked on and prevailed in a variety of cases that protect the right of people to freely express their faith in their business, at school, and in the public square. He earned his J.D. at Harvard Law School and is admitted to practice in the states of Arizona and Tennessee. Scruggs is also admitted to the U.S. Supreme Court and multiple federal district and appellate courts.
ABOUT John Bursch
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.