The court has signaled recently that potential liability is enough to support a legal challenge, she said.

The revelation of a falsified request may not matter much in a strictly legal sense, said Jenny Pizer, the chief legal officer at Lambda Legal, a group that protects LGBTQ+ rights. “And she knew Colorado could punish her for even communicating that was a message she couldn’t express, so – as with all wedding requests – she did not respond,” the group said. The Alliance Defending Freedom, the well-funded conservative group that has targeted LGBTQ+ rights in recent years, said in a statement to the Guardian that Smith “had no reason to believe the request to celebrate a same-sex wedding submitted to her website wasn’t a true request”. Nor did the Company take any steps to verify that a genuine prospective customer submitted the form,” lawyers wrote. “The Company did not respond to that online form. He pointed out that the attorney general’s office had raised questions about the query in its brief to the supreme court.

Lawrence Pacheco, a spokesman for Colorado’s attorney general, Philip Weiser, declined to comment on the possibility that the query might be falsified. Last year, lawyers for Colorado urged the justices not to take the case because Smith had not received a request to make a website for a gay couple. The existence of an actual request to create service is significant in the case because it helps establish that Smith has suffered some kind of harm and has standing to bring the suit. The inquiry to Smith sent in 2016 lists his personal website, where he used to have his email and telephone number displayed, so it’s possible a stranger could have collected those to impersonate him. He said he is a designer with a fairly sizable following online. Stewart said he had no idea how his name wound up in the request. Anybody can pick up the phone, write an email, send a text, to verify whether that was correct information.” “What’s most concerning to me is that this is kind of like the one main piece of evidence that’s been part of this case for the last six-plus years and it’s false,” he added.

“It’s fraudulent insomuch as someone is pretending to be me and looking to marry someone called Mike. “I can confirm I did not contact 303 Creative about a website,” he said. In fact, until he received a call this week from a reporter from the magazine, Stewart said he had no idea he was somehow tied up in a case that had made it to the supreme court. The news was first reported by the New Republic. He has also been happily married to a woman for the last 15 years, he said. But Stewart, who requested his last name be withheld for privacy, said in an interview with the Guardian that he never sent the message, even though it correctly lists his email address and telephone number.

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