A Christian bookstore and a retailer that champions women’s sport in the US state of Colorado are appealing a federal district court decision, denying their request for a temporary halt to the state’s latest anti-Christian law that blocks them from communicating their beliefs on gender and sexuality.
The law amends the Colorado Anti-Discrimination Act, adding a person’s “chosen name” and “how an individual chooses to be addressed” to the definition of “gender expression.”
It effectively requires organisations to use pronouns and names inconsistent with a person’s biological sex, and affirm LGBT ideology within advertisements and other publications.
Athletics apparel shop XX-XY which was launched with a vision of providing a voice to those who are advocating to protect women’s sports, filed a lawsuit last May.
Born Again Used Books that’s been in business for more than 20 years, filed suit in July.
NEW LAW EFFECTIVELY BANS CHRISTIAN BOOKSTORE FROM STATING ITS POLICY
Eric and Sara Smith have been managing the Christian bookstore in Colorado Springs for around five years.
It stocks about 50,000 books. None of them have content that promotes LGBT lifestyles, nor are there books that reject Christianity.
The bookstore wants to put its policy on how it refers to customers into writing.
It also desires to publish a blog post explaining its Christian beliefs, underlying that policy.
The amended law prohibits this and forces the owners to profess an ideological viewpoint they oppose.
“SPORTSWEAR RETAILER MUZZLED FROM SPEAKING THE TRUTH”
The lawsuit claims that Colorado violated their constitutional rights of free speech, press and assembly; their free exercise of religion; and the Due Process and Equal Protection clauses of the 14th Amendment to the US Constitution.
Alliance Defending Freedom is preparing the businesses’ cases.
Senior Counsel Hal Frampton said XX-XY Athletics “believes that women deserve to compete fairly and holds to the commonsense view that biological differences exist between men and women, but Colorado’s law places them at risk for speaking the truth.”
The sportswear store’s founder is Denver-based Jennifer Sey, a former US national artistic gymnastic champion who later became chief marketing officer and brand president for Levi’s, and then a high-profile activist opposed to covid mandates.
US SUPREME COURT HAS ALREADY RULED AGAINST COLORADO THREE TIMES
Mr. Frampton believes a recent US Supreme Court ruling backs their case against the state.
Earlier this year, America’s highest court struck down a Colorado anti-conversion law that banned licensed professionals from engaging in talk therapy with children — who are struggling with their gender or sexuality.
The law was challenged by Christian mental health counsellor Kaley Chiles.
In earlier decisions, the court ruled the First Amendment also protected Christian cake maker Jack Phillips and Christian website designer Lorie Smith from being forced to provide services against their religious beliefs.
“COLORADO CONTINUES TO PLACE ITSELF ON THE WRONG SIDE OF THE LAW”
ADF said: “Taken together, these three victories set a precedent that reaches far beyond Colorado.”
“Whether in a design studio, a cake shop, or a counseling office, the message is the same: The First Amendment isn’t conditional, and it doesn’t disappear when the government disagrees.”
“Colorado is more than welcome to start acknowledging this message at any time.”
“But until it does, ADF stands ready to go to the Supreme Court again, if necessary, to defend the Constitution.”
“Colorado continues to place itself on the wrong side of the law by forcing Coloradans to speak against their conscience,” said Mr. Frampton.
THE CASE BEFORE THE APPEALS COURT
“We are asking the appeals court to protect the ability of Coloradans to continue to openly express their beliefs on a hotly debated issue,” explained ADF.
“The Supreme Court concluded in their previous rulings that “the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”
“It reflects a judgment that every American possesses an inalienable right to think and speak freely, and a faith in the free marketplace of ideas as the best means for discovering truth.”
“However well-intentioned, any law that suppresses speech based on viewpoint represents an ‘egregious’ assault on both of those commitments.”
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