Colorado officials to pay $1.5M for violating Constitution

DENVER – To conclude a lawsuit brought by Alliance Defending Freedom attorneys, the state of Colorado has agreed to pay more than $1.5 million in attorneys’ fees for violating the First Amendment rights of graphic artist Lorie Smith and her design studio, 303 Creative. This fee settlement comes after the U.S. Supreme Court’s historic ruling in 303 Creative v. Elenis upholding free speech for all Americans and the district court’s final judgment requiring Colorado officials to comply with the First Amendment and allow Smith to speak consistently with her beliefs.

Colorado officials threatened and censored Smith’s speech for nearly seven years before she was victorious at the high court. They have also relentlessly pursued other Colorado artists—like cake designer Jack Phillips—for years, filing complaints against him for expressing only messages consistent with his religious beliefs.

“The government can’t force Americans to say things they don’t believe, and Colorado officials have paid and will continue to pay a high price when they violate this foundational freedom,” said ADF CEO and President Kristen Waggoner, who argued before the Supreme Court on behalf of Smith and 303 Creative. “For the past 12 years, Colorado has targeted people of faith and forced them to express messages that violate their conscience and that advance the government’s preferred ideology. First Amendment protections are non-negotiable. Billions of people around the world believe that marriage is the union of one man and one woman and that men and women are biologically distinct. No government has the right to silence individuals for expressing these ideas or to punish those who decline to express different views. Political and cultural winds shift, but the freedom to speak without fear of censorship is a God-given constitutionally guaranteed right, essential for a flourishing society and self-governing people.”

“After enduring Colorado’s censorship for nearly seven years, I’m incredibly grateful for the work of my attorneys at Alliance Defending Freedom to bring my case to victory,” Smith said. “As the Supreme Court said, I’m free to create art consistent with my beliefs without fear of Colorado punishing me anymore. This is a win not just for me but for all Americans—for those who share my beliefs and for those who hold different views. I love people and work with everyone, including those who identify as LGBT. For me, it’s always about what message is requested, never the person making the request. I hope that everyone will celebrate the court’s decision upholding this right for each of us to speak freely.”

The Supreme Court’s landmark decision in the case has already been cited nearly 1,000 times in court opinions, briefs, and other legal publications.

ADF attorneys sued Colorado in 2016 on Smith’s behalf for misusing state law to violate the U.S. Constitution. The lawsuit argued that a decision for Smith would benefit all Americans, regardless of their beliefs, and help end nearly two decades of unconstitutional government coercion against artists across the country. In civil-rights litigation brought against the government, it is common for the government to pay attorneys’ fees to the prevailing party.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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