Greetings Friend,

SOGI laws are a solution in search of a non-existent problem.

A so-called solution that opens the door to expensive legal challenges. Public records requests in 12 states revealed an overwhelming majority (99.98%!) of allegations of discrimination lacked merit. In Phoenix, Arizona, the city passed a SOGI law on the belief that discrimination based on sexual orientation was rampant in the area. During the first two years following its passage, only four complaints were filed—all of which were dismissed without merit.  

Unfortunately, the attempt to use SOGI laws to address non-existent problems actually creates life-destroying realities for  Christian artists, artisans, and business owners. 

Colorado’s statewide SOGI law, the Colorado Anti-Discrimination Act (“CADA”), provides a striking example of the dangers that follow Sexual Orientation and Gender Identity laws ("SOGI"). Just this summer, in 303 Creative LLC v. Elenis, the U.S. District Court considered whether a website creator and owner of 303 Creative, Ms. Smith,  should be forced to design a website celebrating the marriage of a same-sex couple.  

(Click here ADF's one-page brief on 303 Creative v. Elenis.)

The court ultimately ruled that Ms. Smith held no first amendment right in denying her artistic skill to a same-sex couple. But this begs the question, what then, does the First Amendment protect? If not freedom from state-coerced speech, then what?

This ruling sends the message loud and clear that SOGI advocates do not care about tolerance or inclusivity for all. In fact, they only aim to promote the freedoms of a select few that tout a specific progressive narrative. All other viewpoints are shunned, quite literally so-- noncompliance with SOGI laws are met with steep fines, as well as a Class 3 misdemeanor charge.

Unfortunately, North Carolina Attorney General Josh Stein joined the effort to limit Ms. Smith’s First Amendment right in the 303 Creative case. Stein, along with 20 additional state attorney’s general, filed an amicus brief asking the U.S. Court of Appeals to uphold the ruling compelling Ms. Smith to design a website celebrating same-sex marriage. The amicus brief relied on “the ever-present threat that any business owner could refuse to serve them when they walk in the door—simply because of their sexual orientation, or their race, religion, or gender.” 

But note—as the dissent in 303 Creative did— that there is a difference between turning away a potential customer due to sexual orientation, versus turning away someone to avoid a moral conflict arising from an artistic portrayal. In fact, the dissent noted that both parties to the case agreed that Ms. Smith would serve anyone, regardless of sexual orientation. The issue only arose when Ms. Smith was asked to use her artistic skills to portray a message in violation of her religious beliefs.  

An artist’s ability to control her own work product is a freedom that is rightfully based on personal conviction, not animosity.

Thus, the ruling in 303 Creative sets a dangerous precedent that the government can force state-coerced speech. Just as CADA forced Ms. Smith to violate her faith on pain of sanction, SOGI would bring the same chilling reality to North Carolina residents.

In North Carolina, a bill was filed this year similar to Colorado's SOGI.  It is called "Equality for All"--HB 396. While this bill has received no traction, it signals legislative Democrat's intentions if they ever win majorities in the House and Senate.  And there is no doubt that Governor Cooper and Attorney General Josh Stein would go along with a statewide SOGI which would eliminate free speech of religious freedom when it comes to same-sex unions and gender ideology, even though our State Constitution clearly protects religious exercise, when it beautifully states: 

All persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no human authority shall, in any case whatever, control or interfere with the rights of conscience.

That is why we have worked so hard to stop SOGI laws in our state--to defend your rights to free speech and religious freedom. SOGI laws open the door to expensive legal challenges, government-mandated tolerance, and coercion that stifles personal speech. The freedom to live peaceably and according to our beliefs is a fundamental right, resting in our human dignity and codified in our State and federal constitutions. Let us not allow North Carolina to follow Colorado and other states by passing these freedom killing SOGI laws!

If you appreciate our hard work defending families, artists, and business owners against the threat these SOGIs pose in towns and counties across our state, would you consider making a needed donation of $10, $25, $50, $100?