These facts were stipulated to by the state of Colorado and the plaintiff.
1. 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.
2. She will not produce content that “contradicts biblical truth” regardless of who orders it.
3. Her belief that marriage is a union between one man and one woman is a sincerely held religious conviction.
4. All of the graphic and website design services Ms. Smith provides are “expressive.”
5. 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.
6. Just like the other services she provides, the wedding websites Ms. Smith plans to create “will be expressive in nature.”
7. Those wedding websites will be “customized and tailored” through close collaboration with individual couples, and they will “express Ms. Smith’s and 303
Creative’s message celebrating and promoting” her view of marriage.
8. Viewers of Ms. Smith’s websites “will know that the websites are [Ms. Smith’s and 303 Creative’s] original artwork.”
9. To the extent Ms. Smith may not be able to provide certain services to a potential customer, “[t]here are numerous companies in the State of Colorado and across the nation that offer custom website design services.”
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