“The decision threatens to balkanize the market and to allow the exclusion of other groups from many services,” she said, adding that “a website designer could equally refuse to create a wedding website for an interracial couple, for example.”īut in a footnote, Gorsuch pushed back. “The decision’s logic cannot be limited to discrimination on the basis of sexual orientation or gender identity.” She suggested that decision would be more far-reaching. “The opinion of the Court is, quite literally, a notice that reads: ‘Some services may be denied to same-sex couples.’” She said the “decision itself inflicts a kind of stigmatic harm, on top of any harm caused by denials of service.”
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“By issuing this new license to discriminate in a case brought by a company that seeks to deny same-sex couples the full and equal enjoyment of its services, the immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status,” she wrote in dissent. Sotomayor called this a “sad day in American constitutional law and the lives of LGBT people.” “Specifically, the Court holds that the First Amendment exempts a website design company from a state law that prohibits the company from denying wedding websites to same-sex couples if the company chooses to sell those websites to the public,” she wrote. “Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class,” she wrote. In dissent, Sotomayor said the decision will undermine the government’s compelling interest in ensuring that all Americans have equal access to the public marketplace. Smith’s conveyed over the Internet,” Gorsuch said. “All manner of speech – from ‘pictures, films, paintings, drawings, and engravings,’ to ‘oral utterance and the printed word’ – qualify for the First Amendment’s protections no less can hold true when it comes to speech like Ms. Supreme Court blocks Biden's student loan forgiveness program Brown, which could decide the fate of the program that aims to forgive an estimated $400 billion in student debt for 26 million borrowers. (Photo by Drew Angerer/Getty Images) Drew Angerer/Getty Images
Supreme Court will hear oral arguments in two cases challenging President Joe Bidens student loan debt forgiveness program, which remains on hold after a lower court blocked the plan in November. WASHINGTON, DC - FEBRUARY 28: People rally in support of the Biden administration's student debt relief plan in front of the the U.S.
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Gorsuch wrote that “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.” He said Colorado sought to “deny that promise.” It is the latest victory for religious conservatives at the high court and will alarm critics who fear the current court is setting its sights on overturning the 2015 marriage case.
The ruling – rooted in free speech grounds – will pierce state public accommodation laws for those businesses who sell so-called “expressive” goods.
But under a Colorado public accommodations law, she said she cannot post the statement because the state considers it illegal. Lorie Smith, who runs a company called 303 Creative, sought to expand her business into the area of weddings and wrote a webpage explaining why she won’t create websites for same-sex couple. The court’s decision represents a devastating blow to LGBTQ protections, which have in recent years been bolstered by landmark decisions at the nation’s highest court, including one authored three years ago by Gorsuch in which the majority expanded protections for LGBTQ workers, and the 2015 case legalizing same-sex marriage nationwide. Justice Sonia Sotomayor penned a dissent joined by her liberal colleagues Justices Elena Kagan and Ketanji Brown Jackson. The 6-3 decision was penned by Justice Neil Gorsuch and joined by Chief Justice John Roberts and Justices Samuel Alito, Amy Coney Barrett, Brett Kavanaugh and Clarence Thomas. The Supreme Court Friday ruled in favor of a Christian web designer in Colorado who refuses to create websites to celebrate same-sex weddings out of religious objections.
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