LITTLE ROCK – Arkansas Attorney General Leslie Rutledge, as part of a 20-state coalition, filed an amicus brief urging the Supreme Court of the United States to defend the First Amendment rights of business owners. In 303 Creative v. Elenis, the coalition argues that states cannot use public accommodations laws to compel small business owners to speak against their deeply-held religious beliefs.
“An individual’s religious freedom must be preserved and protected by the government, not threatened,” said Attorney General Rutledge. “Just as we successfully litigated in many other cases, we will preserve the constitutional right of religious liberty.”
Lorie Smith, owner of 303 Creative in Colorado, is a graphic artist and website designer. Like many Americans, Smith desires to grow and expand her small business. She would like to grow her business by creating wedding websites that tell the story of the soon-to-be bride and groom. However, her religious beliefs prohibit her from promoting same-sex weddings. The U.S. Court of Appeals for the Tenth Circuit has interpreted Colorado’s anti-discrimination law to require Smith to create websites for same-sex couples, like she would for opposite-sex couples, despite her deeply-held religious convictions. Smith sued claiming that Colorado’s law violates her constitutional rights under the First Amendment.
The coalition argues that because Smith’s work is literally speech, Colorado cannot force her to address any topic, let alone express a view that is contrary to her deeply-held beliefs.
Joining Arkansas are the states of Arizona, Nebraska, Alabama, Alaska, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, South Carolina, Tennessee, Utah, and West Virginia.
About Attorney General Leslie Rutledge
Leslie Carol Rutledge is the 56th Attorney General of Arkansas. Elected on November 4, 2014, and sworn in on January 13, 2015, she is the first woman and first Republican in Arkansas history to be elected as Attorney General. She was resoundingly re-elected on November 6, 2018. Since taking office, she has significantly increased the number of arrests and convictions against online predators who exploit children and con artists who steal taxpayer money through Social Security Disability and Medicaid fraud. Further, she has held Rutledge Roundtable meetings and Mobile Office hours in every county of the State each year, and launched a Military and Veterans Initiative. She has led efforts to roll back government regulations that hurt job creators, fight the opioid epidemic, teach internet safety, combat domestic violence and make the office the top law firm for Arkansans. Rutledge serves on committees for Consumer Protection, Criminal Law and Veterans Affairs for the National Association of Attorneys General. She also served as the former Chairwoman of the Republican Attorneys General Association.
A native of Batesville, she is a graduate of the University of Arkansas at Fayetteville and the University of Arkansas at Little Rock William H. Bowen School of Law. Rutledge clerked for the Arkansas Court of Appeals, was Deputy Counsel for former Governor Mike Huckabee, served as a Deputy Prosecuting Attorney in Lonoke County and was an Attorney at the Department of Human Services before serving as Counsel at the Republican National Committee. Rutledge and her husband, Boyce, have one daughter. The family has a home in Pulaski County and a farm in Crittenden County.