Opinion of the Court
In her lawsuit, Ms. Smith alleged that, if she enters the wedding website business to celebrate marriages she does endorse, she faces a credible threat that Colorado will seek to use CADA to compel her to create websites celebrating marriages she does not endorse. 6 F. 4th 1160, 1173–1174 (CA10 2021). As evidence, Ms. Smith pointed to Colorado’s record of past enforcement actions under CADA, including one that worked its way to this Court five years ago. See Masterpiece Cakeshop, 584 U. S., at ___ (slip op., at 9); see also App. 25–155 (discussing Colorado’s other past enforcement actions).
To facilitate the district court’s resolution of the merits of her case, Ms. Smith and the State stipulated to a number of facts:
- Ms. Smith is “willing to work with all people regardless of classifications such as race, creed, sexual orientation, and gender,” and she “will gladly create custom graphics and websites” for clients of any sexual orientation. App. to Pet. for Cert. 184a.
- She will not produce content that “contradicts biblical truth” regardless of who orders it. Ibid.
- Her belief that marriage is a union between one man and one woman is a sincerely held religious conviction. Id., at 179a.
- All of the graphic and website design services Ms. Smith provides are “expressive.” Id., at 181a.
- The websites and graphics Ms. Smith designs are “original, customized” creations that “contribut[e] to the overall messages” her business conveys “through the websites” it creates. Id., at 181a–182a.
tected classification. Colo. Rev. Stat. §24–34–601(2)(a) (2022). The Communication Clause, Ms. Smith notes, prohibits any speech inconsistent with the Accommodation Clause. Because Colorado concedes that its authority to apply the Communication Clause to Ms. Smith stands or falls with its authority to apply the Accommodation Clause, see Brief for Respondents 44–45, we focus our attention on the Accommodation Clause.
