Following the Supreme Court’s remand to the Tenth Circuit, which in turn led to the remand to the district court, Chief Judge Philip Brimmer (D. Colo.) issued the following order Tuesday:
Plaintiffs are ORDERED to be the prevailing parties in this action pursuant to 42 USC § 1988(b). Plaintiffs and their attorneys are entitled to recover reasonable attorney’s fees, costs and expenses for litigation-related work in the district court. It’s further
ORDERED that the free speech clause of the First Amendment prohibits Colorado from enforcing the accommodation clause of the Anti-Discrimination Act (“CADA”) of Colorado, Colo. Rev. Stat. § 24-34-601(2)(a)), to compel the appellant to create customized websites celebrating or depicting same-sex marriages or otherwise to create or depict original, expressive, graphic or website designs in conflict with his beliefs regarding same-sex marriage. It’s further
ORDERED that the free speech clause of the First Amendment prohibits Colorado from applying the communications clause of the CADA to prevent plaintiffs from posting the following statement on its website or from making substantially similar statements on its website and directly to prospective customers :
I firmly believe that God is calling me to this work. Why? I am personally convinced that He wants me – during these uncertain times for those who believe in biblical marriage – to shine His light and not remain silent. He is calling me to defend my faith, to explain His true story about marriage, and to use the talents and business He has given me to publicly proclaim and celebrate His design for marriage as a permanent union between one man and one woman.
These same religious beliefs that motivate me also prevent me from creating websites that promote and celebrate ideas or messages that violate my beliefs. So I won’t be able to create websites for same-sex weddings or any other marriage that isn’t between a man and a woman. To do so would compromise my Christian testimony and tell a story about marriage that contradicts God’s true story of marriage – the very story He is calling me to promote.
It is further ORDERED that the defendants, their officers, agents, servants, employees, attorneys and those acting in concert or in active participation with them and who receive effective notice of this order are permanently enjoined to enforce:
[a.] the CADA’s Accommodating Clause to compel plaintiffs to create custom websites celebrating or depicting same-sex marriages or otherwise create or depict original, expressive, graphic or website designs inconsistent with its beliefs regarding single-sex marriage of the same sex; AND
[b.] CADA Notice Clause to Prevent Plaintiffs from Posting the Above Statement on Its Website and from Making Substantially Similar Statements on its Website and Directly to Prospective Customers….
For more information on the reasons, see the full ordinance. The brief summary of the factual dispute below:
Applicant Lorie Smith, through her business, Applicant 303 Creative LLC…, offers a variety of creative services to the public, including website design. Ms. Smith intends to expand the scope of 303 Creative’s services to include designing, creating and publishing wedding websites. However, Applicants will refuse any requests to design, create or promote content that promotes any conception of marriage other than marriage between a man and a woman. The plaintiffs designed an addition to 303 Creative’s website that includes a statement that they will not create websites “celebrating same-sex marriages or any other marriages that contradict God’s design for marriage.”