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.

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. 

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