The Supreme Court of the United States heard oral argument last week in the case of 303 Creative LLC v. Elenis, a pre-enforcement challenge to Colorado’s anti-discrimination law filed by a web designer who desires the right to refuse to design wedding websites for same-sex couples. The question before the Court is whether the State of Colorado can, without violating the First Amendment to the U.S. Constitution, compel an individual to engage in speech with which she fundamentally disagrees. The reason for her unwillingness to engage in a particular creative project is less relevant than the government’s lack of power to compel her to do so - the State violates the First Amendment by virtue of compelling speech just as much as it does so by denying the free exercise of religion.
The left-leaning punditocracy fears the conservative majority of the Supreme Court will eviscerate all antidiscrimination laws by declaring a right to discriminate as a component of the right to the free exercise of religion. As the question is presented in the case before the court, it would be unnecessary and inappropriate to resolve the case in that way. Under the freedom of speech portion of the First Amendment, the government is already prohibited from compelling individuals to engage in acts of creative expression (speech) with which they disagree, regardless of motive. Freedom of speech - not freedom of religion - decides this case, but the true exercise of the Christian religion would compel the opposite result.
Followers of Jesus are bound by our Lord’s command to a higher standard of conduct than the government can compel. In the Sermon on the Mount (Matthew 5:38-48), Jesus said
“You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’ But I say to you, Do not resist the one who is evil. But if anyone slaps you on the right cheek, turn to him the other also. And if anyone would sue you and take your tunic, let him have your cloak as well. And if anyone forces you to go one mile, go with him two miles. Give to the one who begs from you, and do not refuse the one who would borrow from you.
“You have heard that it was said, ‘You shall love your neighbor and hate your enemy.’ But I say to you, Love your enemies and pray for those who persecute you, so that you may be sons of your Father who is in heaven. For he makes his sun rise on the evil and on the good, and sends rain on the just and on the unjust. For if you love those who love you, what reward do you have? Do not even the tax collectors do the same? And if you greet only your brothers, what more are you doing than others? Do not even the Gentiles do the same? You therefore must be perfect, as your heavenly Father is perfect.”
While the Supreme Court appears likely, on the basis of compelled speech doctrine, to find in favor of 303 Creative and Lorie Smith, its owner, a higher authority has already found to the contrary. If Ms. Smith calls herself a Christian, she needs to rethink her actions in the light of her Lord’s command to love her enemies, lest she find herself embarrassed (or worse) when she stands before Him and he asks, “Why did you call me Lord and not do what I said?”
Here ends the lesson.
