Related reading: The Mysterious Case of the Fake Gay Marriage Website, the Real Straight Man, and the Supreme Court (https://newrepublic.com/article/173987/mysterious-case-fake-...)
That Stewart isn't the one who filed the lawsuit has nothing to do with this. Smith sought clarity for what the Colorado law required, and it escalated to the Supreme Court. Smith's inquiry is also entirely reasonable, given the precedent set with Masterpiece. I'm not sure what TNR thinks it's proving with their article.
So is she going to be prosecuted for perjury?