SCOTUS Issues Blow to LGBTQ+ Protections

What's the story?

• The Supreme Court ruled with a Colorado web designer who claimed she had the right to refuse services for a same-sex couple, despite a state law that forbids discrimination against LGBTQ+ people. 
• In a 6 to 3 vote, aligning with the conservative supermajority, the court held that the First Amendment prohibits Colorado from forcing the website designer to create a site for a gay couple's wedding, which she claims would send a message she disagrees with.
• The case portrays a clash between free speech and gay rights while also suggesting that claims of religious freedom can infringe upon same-sex marriage. 

The case: 303 Creative LLC v. Elenis

• 303 Creative LLC v. Elenis highlights the constitutionality of a state law that provides an individual with the right to speak or stay silent and whether this violates free speech. 
• At the center of the case is the same Colorado anti-discrimination law that came before the court in 2018 when a baker refused to create a wedding cake for a same-sex couple. The justices ruled in favor of the baker, deciding that the Colorado Civil Rights Commission displayed bias against his religious views. This year's case asks if businesses may use religious objections to refuse service. 

What they're saying

• In the majority opinion, Justice Neil Gorsuch wrote:

"[T]he opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong...The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands."

• In a written dissent, Justice Sonia Sotomayor wrote:

"Today is a sad day in American constitutional law and in the lives of LGBT people. The Supreme Court of the United States declares that a particular kind of business...has a constitutional right to refuse to service embers of a protected class...The immediate, symbolic effect of the decision is to mark gays and lesbians for a second-class status." 

• The Alliance Defending Freedom, the group representing the Colorado designer, said: 

"The U.S. Supreme Court rightly reaffirmed that the government can't force Americans to say things they don't believe."

• Rev. Paul Brandeis Raushenbush, president and chief executive of the Interfaith Alliance, said in a statement:

"This decision will have a devastating ripple effect across the country by creating a permission structure, backed by the force of law, to discriminate and endanger LGBTQ+ people and trans youth who are already so at risk."

• President of the Human Rights Campaign, Kelley Robinson, emphasized how "deeply troubling" the ruling is, adding:

"Our nation has been on a path of progress — deciding over the course of many decades that businesses should be open regardless of race, disability or religion. People deserve to have commercial spaces that are safe and welcoming."

How do you feel about the court's decision?

-Jamie Epstein