The Liberty to Live Not by Lies

Authors: John Stonestreet and Dr. Timothy Padgett

On July 16, Alliance Defending Freedom filed a federal lawsuit on behalf of Eric and Sara Smith, owners of Born Again Used Books in Colorado Springs. The suit asserts that Colorado’s Anti-Discrimination Act violates the First Amendment rights of citizens by compelling speech that goes against their conscience. 

Under the new law, places of public accommodation are required to refer to people as they demand, including “preferred pronouns,” and “misgendering” or “deadnaming” could lead to legal action. The Smith’s lawsuit argues that independent bookstores like theirs have always served as places where ideas can be cultivated. Thus, “[t]he government has no business infringing on that editorial discretion or telling bookstores what to say, what views to affirm, or what sides to pick in ideological debates.”  

That’s exactly what this law does, and not just for bookstores. As the ADF statement puts it: 

Although Born Again Used Books happily sells its products to everyone, Colorado now compels the bookstore to speak using pronouns and titles based on a person’s preferred gender expression—thereby requiring the store to prioritize a person’s professed identity over biological reality. That violates the Christian bookstore’s beliefs and the First Amendment. 

I’ve known Eric and Sara Smith for about two decades. In addition to running Born Again Books, Eric is a full-time pastor, and Sara homeschools their children. They are wonderful people. 

The state of Colorado seems committed to targeting wonderful people of faith, and thankfully, ADF continues to be there to help push back against this overreaching state. It all began with Jack Phillips, the baker who has been in and out of litigation for well over a decade. After going all the way to the Supreme Court and winning, Jack was targeted by the Colorado Civil Rights Commission again. Even after dropping the case, the state allowed a transgender man who believes he is female to target and repeatedly harass Jack.  

Given that context, it’s important that anyone willing to push back against Colorado legislators and bureaucrats first count the cost. The state of Colorado is doubling down on radical transgender ideology, something hardly anyone believed a few years ago and increasingly few are still willing to support. Having lost so much ground scientifically, medically, and culturally, the state has chosen to force citizens into compliance. 

Earlier this summer, the state backed down from attempting to force Camp IdRaHaJe, a Christian overnight camp, from forcing female campers to share private facilities with males. Given that the new regulation targets places of public accommodation, especially store fronts, it is not clear whether the state will back down in the case of Born Again Books. There’s good reason to think that if the Colorado courts do not uphold the Smiths’ freedoms of speech and religion, the Supreme Court would. The journey between here and there is a long one. The higher courts have consistently sided with Americans’ right to speak, while the state of Colorado has consistently made the process the punishment. 

Please pray for the Smiths and Born Again Used Books. If the state can compel Christian business owners to speak against their deeply held beliefs, it will do so in areas beyond bookstores and bakeries. The protections of the First Amendment apply to everyone, no matter the political leanings of the state. 

If you live in or near Colorado Springs, stop by Born Again Used Books. Learn more about their case at ADFLegal.org.