Standing doesn’t matter. A conservative website creator was able to take a case all the way up to the Supreme Court without ever have been sued. They just made up a situation where an alleged customer demanded they make a gay website. The customer never even existed. This is on top of the Supreme Court literally legalizing bribing of government officials across the country as long as the payment is made after the favor and not before. Then it’s just a gratuity and not a bribe. The entire system is rotten at this point.

That website creator sued their state's regulatory agency, and "sufficiently demonstrated both an intent to provide graphic and web design services to the public in a manner that exposes them to [Colorado Anti-Discrimination Act] liability, and a credible threat that Colorado will prosecute them under that statute."[1]

Yes, the alleged "situation" may have been contrived, but that doesn't change whether they have standing to sue their state to challenge what they see as an unconstitutional law.

Do you think their only recourse should be to break the law, and risk the penalties associated with that if it does turn out to be constitutional?

1. https://en.wikipedia.org/wiki/303_Creative_LLC_v._Elenis

The strange thing there is that for a few decades now federal courts have required a plaintiff to have suffered some sort of injury before they can sue, and the notion that a credible threat is equivalent to such injury seems to overstretch that concept.

https://harvardlawreview.org/print/vol-136/standing-in-the-w...

The ADF compiled a short history of pre-enforcement challenges going back to the 1920s[1]. They're not common, but weren't novel in this case.

1. https://adfmedialegalfiles.blob.core.windows.net/files/PreEn...

Also, the ‘credible threat’ of being prosecuted was based on the agency simply declining to state that it would not sue if Smith violated the law. Seeing as no such violation of the law had even been alleged, it seems incredibly flimsy to say there was a threat at all, let alone a credible threat.