Rutledge joins coalition urging protection of small business owners rights

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LITTLE ROCK — Arkansas Attorney General Leslie Rutledge, as part of a 20-state coalition, filed an amicus brief urging the Supreme Court of the United States to defend the First Amendment rights of business owners. In 303 Creative v. Elenis, the coalition argues that states cannot use public accommodations laws to compel small business owners to speak against their deeply-held religious beliefs.

“An individual’s religious freedom must be preserved and protected by the government, not threatened,” said Attorney General Rutledge. “Just as we successfully litigated in many other cases, we will preserve the constitutional right of religious liberty.”

Lorie Smith, owner of 303 Creative in Colorado, is a graphic artist and website designer. Like many Americans, Smith desires to grow and expand her small business. She would like to grow her business by creating wedding websites that tell the story of the soon-to-be bride and groom. However, her religious beliefs prohibit her from promoting same-sex weddings. The U.S. Court of Appeals for the Tenth Circuit has interpreted Colorado’s anti-discrimination law to require Smith to create websites for same-sex couples, like she would for opposite-sex couples, despite her deeply-held religious convictions. Smith sued claiming that Colorado’s law violates her constitutional rights under the First Amendment.

The coalition argues that because Smith’s work is literally speech, Colorado cannot force her to address any topic, let alone express a view that is contrary to her deeply-held beliefs.

Joining Arkansas are the states of Arizona, Nebraska, Alabama, Alaska, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, South Carolina, Tennessee, Utah, and West Virginia.

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