A Christian bookstore in Colorado Springs is suing the state over a law barring businesses from failing to use preferred pronouns.
Born Again Used Books, with the Alliance Defending Freedom (ADF), filed a federal lawsuit against state officials challenging the enforcement of Colorado’s updated Anti-Discrimination Act (CADA), which was recently amended to include protections for “gender expression.”
The law mandates that businesses mo adhere to “how an individual chooses to be addressed,” according to the lawsuit. The plaintiffs argue that the law forces them to “profess an ideological view it opposes” by forcing them to use pronouns or titles contrary to their religious beliefs.
The law imposes a series of punishments on those who refuse to comply with the measure. “Born Again Used Books cannot use pronouns, titles, or any other language contrary to a person’s biological sex,” and doing so “would be to affirm the view that a person’s sex can and sometimes should be changed—a view that contradicts the Bookstore’s Christian beliefs,” the lawsuit reads.
The plaintiffs contend that the law violates their First Amendment rights to free speech and religious expression and its 14th Amendment rights to due process and equal protection. They point out that they serve all customers regardless of their gender identity. However, they believe they should be allowed to keep a “pronoun policy” that aligns with their religious convictions.
Eric and Sara Smith, the owners of the bookstore, insist they should be able to establish this policy. But they fear that running afoul of the law would subject them to “expensive investigations, hearings, and hefty fines.”
The lawsuit also argues that the law is overly vague, giving state officials “unbridles discretion” to decide what constitutes discrimination. The law uses terms such as “unwelcome,” “offensive,” and “frivolous purposes,” which gives the government far too much latitude to target religious organizations. “Colorado coudl use that ambiquity to punish businesses that hold views with which it disagrees,” the lawsuit states.
The plaintiffs also point out that other bookstores that affirm progressive gender ideology do not face the same level of scrutiny, which constitutes an unequal application of the law.
“Born Again Used Books simply wants the same freedom” as its competitors to conduct business according to its religious beliefs. The plaintiffs are seeking a permanent injunction prohibiting the enforcement of the law’s new provisions.
Businesses found to have violated CADA could face a range of severe penalties. These include a $5,000 fine “payable to each plaintiff for each violation.”
The law also empowers individuals to seek monetary damages from the company. Plaintiffs can also win noneconomic damages for issues like “emotional distress” which is capped at $50,000 per person. However, if the company falls in line and corrects its behavior within 30 days, the cap can be reduced by 50 percent.
If a business refuses to pay the fines, the government can garnish their bank accounts or wages, seize their business assets, place liens on real estate, or suspend professional licenses. To put it simply, if one does not acquiesce, the government can literally put them out of business.
Think about that for a second. Colorado's government has the power to destroy people's lives simply for saying words others don't like. Can we truly say we live in a free society when this is the case?
Colorado’s law is a clear violation of the First Amendment by compelling speech and violating religious freedom. It is a brazen example of government overreach and an effort on the part of progressives to weaponize government force against those who do not adhere to their backward beliefs on gender.
If people wish to identify as a different gender, that is their right. But using government power to threaten those who do not wish to play along is the epitome of authoritarianism. Threatening one’s livelihood over pronouns is not only anti-liberty, it is a despicable effort to coerce people into embracing an ideology with which they disagree.
Unfortunately, this is precisely how the authoritarian left works. They know they can’t convince most Americans to accept the notion that men can become women and vice versa. So they have to resort to the threat of government violence to force people to adhere to their ideology. This is why those who value liberty must fight back — and the Smiths are clearly not backing down.
Hopefully, the bookstore prevails in its lawsuit. Otherwise, there is no telling how the hard left will continue using government to foist their ideas on the rest of us.
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