A Colorado bookstore, Born Again Used Books, is suing the state over a new law concerning legal protections for transgender individuals. The law requires businesses to address individuals based on their chosen gender expression, regardless of biological sex and the owners' beliefs. Violations of the law can result in significant fines and potential liability for emotional distress. The bookstore owners, Eric and Anna Smith, filed suit, arguing the law violates their rights. The Smiths welcome all customers but will not use pronouns or language contrary to their beliefs about biological sex.
5 months ago
Colorado has enacted new legislation in May 2025, expanding legal protections for transgender individuals and revising its Public Accommodations Law 1. These laws mandate that proprietors of small businesses address individuals based on their chosen gender expression, irrespective of biological sex or the business owners' personal beliefs 1. Non-compliance with these statutes can result in substantial penalties, including fines of $5,000 per violation, potential liability for emotional distress up to $50,000 per person, and cease and desist orders 1.
Eric and Anna Smith, owners of Born Again Used Books, a Christian bookstore in Colorado Springs, have filed a federal lawsuit, Doxa Enterprise v. Sullivan, challenging these new state laws 1. The Smiths, whose business primarily sells Christian literature, welcome all customers but maintain a religious belief that prohibits them from using pronouns or language contrary to a person's biological sex 1. They argue that adhering to the new laws would compel them to profess a view that contradicts their sincerely held religious beliefs 1.
Represented by Alliance Defending Freedom, the Smiths contend that Colorado's laws violate their First Amendment rights, specifically freedom of speech, press, assembly, and the free exercise of religion 1. They assert that the laws are vague, allowing the state undue discretion to evaluate and discriminate against their speech based on its content and viewpoint 1. Furthermore, the lawsuit claims the laws impose a substantial burden on their religious beliefs by preventing them from communicating policies consistent with their views on human sexuality and gender identity 1. The Smiths also allege violations of their Fourteenth Amendment rights to due process and equal protection, arguing the laws are neither neutral nor narrowly tailored to a compelling governmental interest 1.
This lawsuit is presented as part of a broader "culture war" and reflects a perceived pattern of hostility by the Colorado Civil Rights Commission towards Christians 1. The article highlights the Commission's prior losses in significant Supreme Court cases, including Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) and 303 Creative v. Elenis (2024), where the Court ruled against compelling Christian business owners to express messages inconsistent with their beliefs 1. Lower federal courts have also prevented Colorado officials from excluding Christian organizations, such as a preschool, from state programs due to their policies on gender identity or religious beliefs 1. The outcome of Doxa Enterprise v. Sullivan is anticipated to further define the intersection of religious freedom, free speech, and LGBTQ+ rights in the United States 1.
What is the Church's teaching on conscience?
The Catholic Church teaches that conscience is a judgment of reason by which a person recognizes the moral quality of an act . It is often described as the "voice of God" resounding in the human heart, revealing truth and calling individuals to do good and shun evil . Conscience is considered the most secret core and sanctuary of a person, where they are alone with God .
Conscience is not merely a feeling or a justification for doing whatever one desires . Instead, it is a divine spark, a law inscribed by God in the human heart, which holds individuals to obedience and reminds them of their duties . To obey this law is the very dignity of man, and according to it, he will be judged . The capacity to command what is good and forbid evil, placed in man by the Creator, is a main characteristic of the personal subject .
Catholics have a serious and lifelong obligation to form their consciences in accord with human reason and the teaching of the Church . Conscience is not absolutely independent or infallible; if it were, it would be reduced to a mere assertion of personal will . Therefore, it is a defense of the dignity of conscience to teach that consciences must be formed so they can discern what truly corresponds to the "eternal, objective and universal divine law" .
The formation of conscience involves a continuous conversion to what is true and good, rooted in a "connaturality" between man and the true good . This connaturality develops through virtuous attitudes, including prudence, the other cardinal virtues, and especially the theological virtues of faith, hope, and charity .
The Church and her Magisterium provide significant help in the formation of conscience . The Catholic Church, by the will of Christ, is the teacher of truth, charged with announcing and authentically teaching the truth of Christ, and declaring and confirming the principles of the moral order derived from human nature . The authority of the Church in moral questions does not undermine the freedom of conscience; rather, it serves conscience by bringing to light truths that conscience ought already to possess, helping it to avoid error and attain truth with certainty .
The admonition to always follow one's conscience must be accompanied by the question of whether what conscience is telling us is true . If this clarification is not made, conscience can become destructive of true humanity and relationships . Conscience frequently errs from invincible ignorance without losing its dignity, but this is not the case for those who care little for truth and goodness, or whose conscience becomes sightless due to habitual sin .