Explainer: Supreme Court hears oral arguments in 303 Creative case
By / Dec 5

On Dec. 5, 2022, the U.S. Supreme Court heard oral arguments in 303 Creative v. Elenis, an important case for free speech and religious liberty. Since 2016, Lorie Smith, founder of the web design firm 303 Creative, has been in the process of challenging a Colorado law that violates her First Amendment rights. It is the same law that was used to target Jack Phillips and which led to the 2018 Masterpiece Cakeshop v. Colorado Civil Rights Commission case. In that case, the court ruled favorably for Jack Phillips on narrow grounds but failed to address the underlying conflict between anti-discrimination laws and free speech rights.

A decision in this landmark case involving 303 Creative is expected in May or June of 2023.

What is this case about?

Like Phillips, and like Barronelle Stutzman of the Arlene’s Flowers Inc. v. Washington case, Lorie Smith is a creative professional who serves anyone through her business. She has created all kinds of custom websites for all types of people, but she refuses to use her “design skills and creativity to express messages that violate her deeply held religious convictions.” 

The state of Colorado views Smith’s work as a public accommodation, and thus, it is subject to Colorado’s Anti-Discrimination Act, which prohibits discrimination, including refusal of service, against any protected class, including sexual orientation or gender identity. This puts Smith’s desire to run her business according to her beliefs in direct conflict with Colorado’s law. 

Though the results of this case certainly impact religious liberty, the primary issue of this case is one of free speech. The central question before the court is “whether applying a public-accommodation law to compel an artist to speak or stay silent violates the free speech clause of the First Amendment.”

What arguments were made?

Kristen Waggoner, CEO, president, and general counsel of Alliance Defending Freedom, argued on Smith and 303 Creative’s behalf. Her central argument was that the enforcement of Colorado’s Anti-Distcrimination Act against Smith violates her first amendment free speech rights by forcing her to create speech inconsistent with her religious beliefs. The argument went to great lengths to demonstrate that Smith’s decisions in what projects she will take on are not based on who is requesting her services but rather what message the work will convey.

As Supreme Court analyst Amy Howe explains, “This means . . . that she would ‘happily’ design graphics for an LGBTQ customer who runs an animal shelter. But she will not take on commissions that would be inconsistent with her Christian beliefs—including, she says, by promoting same-sex marriage—because a custom wedding website would ‘express approval of the couple’s marriage.’”

Furthering this idea that the message rather than the individual is central to the decision, in the argument, Waggoner concluded that Smith would not create a website for a hypothetical heterosexual couple who wanted to share their love story and include details of their relationship beginning with an affair and progressing after divorces because she believes that divorce and extramarital sex are wrong.

Both the Colorado solicitor general and the U.S. deputy attorney general argued that the Colorado law “merely regulates sales, rather than the products or services being sold, and therefore does not require or bar any speech.” The state argued that Smith is not being forced to create anything, but that whatever she decides to create must be available to be purchased by anyone. The arguments also focused on how a potential ruling could impact similarly suited circumstances where the individual does not want to serve those entering into an interracial marriage or a marriage between people with disabilities. 

Why does this case matter?

This case has significant implications for the free speech of all people. If the court were to rule against Smith, it would establish a precedent that cuts to the core of our nation’s fabric. The First Amendment protects free speech—even when that speech is unpopular. 

Beyond that, for us, as Christians, our beliefs on matters of marriage and gender are core to our convictions, pointing to God’s design and the living picture of Christ and his Church. Throughout the argument, it was apparent that the justices were operating from vastly different worldviews and perspectives, with several justices seemingly unaware of the centrality of this belief to the Christian faith.

As ERLC President Brent Leatherwood said today:

Christians have, for 2,000 years, said that marriage is a picture of the gospel. It was clear from today’s oral arguments that several justices have never encountered this notion on a prior occasion. This is unfortunate as it is central to understanding why a Christian creative professional would object to being compelled by the state to say something contrary to this deeply held belief. That is why Justice Gorsuch was exactly right when he seemed to suggest this case is not about who is being served, ‘but about what’ the state of Colorado is forcing upon the speech creator. Today’s proceedings reveal why the Court should rule in favor of 303 Creative because to do otherwise would be tantamount to giving the government keys to a paver to roll right over private business-owning Christians who disagree with whatever the prevailing cultural notions about marriage and family happen to be fashionable at a given moment.

It is essential that people of faith not only have the ability to believe these fundamental truths but also to live them out in the public square. No one should be forced to sacrifice their most deeply held beliefs to participate in the marketplace and contribute to our society. The ERLC is urging the court to rule in favor of 303 Creative and will be preparing Christians and churches to respond to this important decision next year.

God’s design for sex is better
By / Jan 6

When it comes to sex, is God a “cosmic killjoy”? You might be surprised by the answer. 

This video was part of the ERLC National Conference in 2014. You can learn more about the 2015 ERLC National conference here.

A plan to help pastors in crisis
By / Oct 27

Southern Baptist pastors struggling through personal or professional crisis now have a confidential place to turn, thanks to a new partnership between the North American Mission Board (NAMB) and Focus on the Family. 

The care line launched Oct. 1 dedicated exclusively to Southern Baptist pastors, chaplains and missionaries by calling 844-PASTOR1. Calls are answered by Focus on the Family’s Family Help Center and remain completely confidential. No information about the calls—including the name of the pastor or the church or the nature of the call—will be provided to NAMB.

“The North American Mission Board cares for pastors, and we want to be a part of the compassion of Christ for them and their families,” said Michael Lewis (@pastor4pastors), NAMB’s executive director of pastoral care and development. 

Lewis says the phone line is another way NAMB is attempting to resource and support pastors—along with marital and family help, providing pastor appreciation resources and initiating Pastors-in-Covenant groups, among other efforts.

NAMB partnered with Focus on the Family in part because the ministry has more than two decades of experience hosting a pastors in crisis care line. Focus began the pastor care line ministry in 1992 under the leadership of H.B. London. 

“Focus on the Family recognizes the sacrifices and hard work of Southern Baptist pastors,” said Jim Daly (@dalyfocus), president of Focus on the Family. “Many of them give up their own time to be there for their flock—giving up holidays to visit with sick people at the hospital, counseling couples through the tough times in their marriages and helping their congregants pray through milestone decisions.

“This commitment not only takes time, but it also takes its toll on pastors—physically, emotionally and spiritually. Because they have always been there for others, it’s our privilege to be there for them. Our licensed counselors are eager to provide an ear and biblically-based counsel that will help and give hope,” said Daly.

Dr. Jared Pingleton, director of the counseling team for Focus on the Family, says pastors call the care line for a variety of personal and professional reasons, such as family problems, emotional issues and leadership crises—any issue for which a pastor needs safe, biblically-informed counsel. 

The phone line is available weekdays between 8 a.m. and 10 p.m. Eastern Time. The agent answering the call will listen to and pray for the pastor. If there is a further need, the agent will refer the call to a counseling team. A chaplain or a counselor will return the pastor’s call within 24 to 48 hours for an initial consultation. Because of the NAMB-sponsored prayer line, SBC pastors will get a priority in this process. Crisis calls—if a pastor mentions imminent danger of harm to himself or others—will immediately get routed to the counseling team. 

Pingleton noted that at times pastors call the care line for counsel about how to deal with tough mental health problems that go beyond their training and have arisen in their congregation.

“Research shows that the average person goes to their pastor first—even before a medical professional at times,” Pingleton said. “They’re the first line of defense, and they’re not trained well for that typically. It can be overwhelming. We want to come along side of them, support them, encourage them, educate and equip them—anything we can do to consult with them, to give them tips, tools and techniques about how they can minister more effectively in their role. They don’t have to feel like they are out on their own and over their head. We can give them clear and concise consultation that will be of immediate help.”

Pingleton reiterated Focus on the Family’s deeply held commitment to confidentiality. He notes the only instances for which they would breach the confidentiality of a counseling session would be the two cases when counselors are legally mandated to do so—if they receive information on the abuse or neglect of a child, disabled person or elderly person or if the caller presents an immediate danger to themselves or others. 

Lewis, who spent more than two decades as a pastor before coming to NAMB in 2013, noted that often pastors spend much of their energy serving and supporting others through personal crises, but they often have little left to care for themselves. 

“This care line will provide sound counsel for pastors,” Lewis said. “My encouragement to pastors is to allow this care line to be a source of God’s grace and comfort to find support through major difficulties.”

For a short video introduction to the pastoral care line, click here. For additional NAMB resources to help pastors, visit sendnetwork.com/pastor-for-pastors.

This article was originally published by NAMB.