The Supreme Court’s landmark decision in 303 Creative LLC v. Elenis is all the more splendid given the firepower aimed against Lorie Smith, owner of 303 Creative. A heavily armed battery of adversaries filed amicus curiae briefs in support of Elenis. Most had a stake in state-enforced assent to homosexuality. Some were hostile to religious influence on the public square. Leading the offensive was the Department of Justice (DOJ).
Among amicus briefs taken under consideration by the Supreme Court, one deserves mention here: “Brief of Creative Professionals and George and Maxine Maynard.” Its Table of Authorities included a 2021 essay in The Federalist: “What Happened When A Craftsman Refused To Sell Me The Wedding Ring Of My Dreams.”
The majority opinion in 303 Creative restated particular arguments in the 2018 case Masterpiece Cakeshop v. Colorado Civil Rights Commission. It reaffirmed the fundamental obligation of state governments to observe the principle of religious neutrality. 303 Creative fortified the 2018 affirmation by asserting unequivocally every American’s right to live his religious convictions free from state-coerced speech that violates his conscience.
The state, again, was Colorado. It had hounded Jack Phillips, Christian owner of Masterpiece Cakeshop, for refusing to create a custom cake for a same-sex wedding in 2012. He was dragged through the courts until the Supreme Court vindicated him in 2018. Nonetheless, the case was decided on very narrow grounds.
The court determined that the commission had failed the constitutional requirement for religious neutrality. It was bigoted against Christians. However, the
