National
Supreme Court to decide if web designer can turn away LGBTQ couples
Case could redraw lines of First Amendment
In a move that pits laws against LGBTQ discrimination against freedom of speech under the First Amendment, the U.S. Supreme Court agreed on Tuesday to take up a case of a Christian web designer in Colorado who seeks to refuse to work with same-sex couples despite a state law requiring her to open to LGBTQ customers.
An orders list issued Tuesday lists the petition in 303 Creative v. Elenis, brought by Lorie Smith, as among the cases for which the Supreme Court has granted a writ of certiorari, or agreed to review. Although the vote tally isn’t included in the order the move would be consistent with expectations for the conservative 6-3 court after former President Trump remade the judiciary with the addition of U.S. Associate Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
The case bears similarities, and even originates from the same state, as a case brought by Jack Phillips, owner of Masterpiece Cakeshop, who refused to make a custom-made wedding cake for a same-sex couple based on religious objections despite requirements under Colorado law. The Supreme Court, however, issued a narrow decision based on the particular facts of that case that stopped short of a far-reaching carve-out for civil rights laws.
Alliance Defending Freedom, the anti-LGBTQ legal firm that also represented Phillips before the Supreme Court, is representing Smith in her case and in the petition seeking review argued Colorado law unfairly targets her for her religious beliefs.
“Lorie Smith faces real and imminent harm,” the petition says. “Five years after leaving her corporate position to open her own website-design business, she remains in limbo, unable to offer her design services for marriage celebrations—prohibited even from posting a statement about her marriage beliefs—and losing income.”
Smith filed the petition before the Supreme Court after the U.S. Tenth Circuit Court of Appeals ruled against her last year, concluding in the decision “grave harms caused when public accommodations discriminate on the basis of race, religion, sex or sexual orientation.” The court found Colorado non-discrimination law withstands scrutiny under judicial review and is a generally applicable law that isn’t constitutionally vague or overly broad.
No same-sex couple as of now has alleged 303 Creative Services has denied them services because the company has yet to engage in wedding-related services over concerns over Colorado law. Per the decision from the Tenth Circuit, Smith is seeking to post a statement on its website stating the company “will not be able to create websites for same-sex marriages or any other marriage that is not between one man and one woman.”
With the Supreme Court term ending in June, it’s unlikely the high court would be able to schedule briefs and oral arguments before the justices adjourn for the summer, when U.S. Associate Justice Stephen Breyer has announced he would step down. It would then fall to whomever Biden has named as a replacement for Breyer to weigh in as one of the nine justices on the court. Biden has said he would name a Black woman for the role and Ketanji Brown Jackson, J. Michelle Childs and Leondra Kruger are the names most mentioned. A White House announcement could come as soon as this week.
The case will be a test of the breadth of the First Amendment, to which the Supreme Court has previously given substantial deference under legal precedent. For example, the Supreme Court determined in 1977 the state of New Hampshire couldn’t require residents to display the state motto on their license plates over objections to the messages.
Although the petition to the Supreme Court presented the question of whether it should overturn the 1990 decision in Employment Decision v. Smith, which determined states are able to enforce general applicable laws over objections based on freedom of religion, the court only took up the case on freedom of speech claims. It’s unlikely to address Smith.
Jennifer Pizer, senior counsel for the LGBTQ group Lambda Legal, said in a statement the Supreme Court should use the opportunity to deliver a ruling upholding the principles of non-discrimination laws and “reaffirm and apply longstanding constitutional precedent that our freedoms of religion and speech are not a license to discriminate when operating a business.”
“The constitutional protections for religious freedom and free speech were never intended as weapons of discrimination for those doing business with the general public,” Pizer said. “More than fifty years ago, the U.S. Supreme Court firmly condemned use of personal freedoms to excuse businesses’ discrimination. But the justices’ decision in Masterpiece Cakeshop lacked that clarity and invited discrimination. The Court can and should clear up that confusion by upholding the well-reasoned decision of the Tenth Circuit.”
National
Man charged in Mall of America shooting plot inspired by Pulse massacre: report
Suspect exchanged hundreds of messages, pledged loyalty to ISIS
The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud, 18, of Richfield, Minn., on Oct. 7 with one count of knowingly receiving a firearm and ammunition in order to commit a federal crime of terrorism. Mohamud allegedly planned to carry out a mass-casualty attack in support of ISIS, inspired in part by the Pulse nightclub massacre that took place on June 12, 2016 when then-29-year-old Omar Mateen murdered 49 people and wounded 58 – one of the deadliest mass shootings in U.S. history, and the deadliest targeting the LGBTQ+ community.
According to a DOJ statement release, Mohamud was arrested on Oct. 6 by the FBI, which had arranged to sell him an AK-47 assault rifle, magazines, and ammunition through an undercover FBI employee. Mohamud was arrested shortly after paying $600 in cash and taking possession of those items; he reaffirmed his intention to shoot people at the Mall of America during the transaction.
“Mohamud allegedly sought to carry out a mass-casualty shooting at the Mall of America, expressing a desire to emulate some of the most horrific ISIS-inspired attacks in the United States, including the atrocities at Pulse Nightclub and 2025 New Year’s Day attack in New Orleans,” said Assistant Attorney General for National Security John A. Eisenberg in the statement by the DOJ. “The National Security Division will continue to work closely with the FBI and Joint Terrorism Task Force to track down and prosecute ISIS-inspired terrorists in the United States.”
According to the complaint, beginning on or about December 2024, Mohamud had exchanged hundreds of messages through multiple social media and messaging apps with a confidential source, and expressed a desire to travel to Somalia to join a designated foreign terrorist organization to fight on their behalf.
The defendant stated many times that if he was unable to travel overseas because of a lack of funds, he planned to carry out a mass-casualty event in Minnesota in support of ISIS.
According to the DOJ, “In July 2026, Mohamud sent messages discussing his intent to carry out a mass-casualty shooting attack at the Mall of America because he claimed it was owned by Jews. He wrote that [he] wanted to kill 30 to 60 people so no one would go there.”
“During the course of his communications, Mohamud stated that he wanted to commit an attack similar to those of the Pulse Nightclub mass-shooting in Orlando, the Bondi Beach mass-shooting in Australia, and the New Year’s Day vehicle-ramming attack in New Orleans.”
This case is being prosecuted by Trial Attorney Ryan White of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Benjamin Bejar for the District of Minnesota.
California
Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’
Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot
Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and — fill out a ballot voting for Steve Hilton?
This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons.
Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community.
“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said.
The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”
Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies.
Conservatives have also criticized the ad.
Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors.
“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.”
The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court.
Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.
Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.
2026 Midterm Elections
Trump uses anti-trans slur against Democratic Senate candidate
President mocked Annie Andrews
President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.
In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.
Andrews is running against Graham for a Senate seat in the solidly Republican state.
Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.
Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”
“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”
Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.
“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.
Trump’s remarks have drawn criticism from leaders on both sides of the aisle.
Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”
“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.
Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”
“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.
South Carolina has not elected a Democratic senator in nearly three decades.
Andrews’s campaign website does not mention her positions on LGBTQ issues.
The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.
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