Via press release from Alliance Defending Freedom:
In the wake of the U.S. Supreme Court’s historic opinion protecting the free speech rights of all Americans, commentators and activists have propagated false information about 303 Creative v. Elenis.
It’s time to set the record straight.
“This desperate attempt to malign ADF, our client, and a critical ruling affirming all Americans’ free speech blatantly distorts the facts of the case and the nature of pre-enforcement lawsuits,” said ADF CEO, President, and General Counsel Kristen Waggoner, who argued before the Supreme Court on behalf of Lorie Smith and 303 Creative.
“To say that Lorie Smith or ADF fabricated a request for a same-sex wedding website is a lie. It would make no sense to have fabricated a request because one wasn’t required for the court to decide her case.
“To pretend that a request that nowhere featured in the Supreme Court’s decision was at ‘the heart’ of the case demonstrates an ignorance regarding the legal principles involved. And it’s telling that many who push this false narrative can’t bring themselves to consider the more likely scenario that ‘Stewart’ or another activist did in fact submit the request.”
This follows a wave of misinformation surrounding the case, ignited by a June 29 article in The New Republic, which falsely insinuated that ADF and client Lorie Smith fabricated a request for custom design work for a same-sex wedding.
It is undisputed that Smith received the request in September 2016 after she filed her case, and that she has received other requests for custom wedding work while this case has been pending.
Regardless, whether she received any requests at all is irrelevant to the legal issues in the case. In fact, neither the court of appeals nor the Supreme Court mentioned any such request in their opinions.
Colorado artist Lorie Smith said she had received a request to create designs for a same-sex wedding.
The man named in the request said he never asked for that. Stewart — who didn’t want his full name used out of fear of being harassed — is not gay.
“I’ve been active and vocal… pic.twitter.com/k8Bofc69s2
— The Washington Post (@washingtonpost) July 2, 2023
The court filing in Stewart’s name has left many baffled, including Stewart himself, who said he was concerned that the case had proceeded without anyone verifying if the request was authentic. https://t.co/LH2DE1f3MS
— The Washington Post (@washingtonpost) July 2, 2023