Today's ruling is being called an attack on LGBTQ rights. But doesn't today's ruling go beyond that? What about a newspaper publisher whose conscience is sincerely troubled by interracial or inter-religion marriage? Could they refuse to print certain "controversial" wedding announcements? Bigots of every stripe will want to cite this case as a precedent to practice their prejudices.
(SCOTUSblog)The court handed a major victory to business owners who oppose same-sex marriage for religious reasons on Friday. A six-justice majority agreed that Colorado cannot enforce a state anti-discrimination law against a Christian website designer who does not want to create wedding websites for same-sex couples because doing so would violate her First Amendment right to free speech.
Justice Neil Gorsuch wrote for the majority, in a decision joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh, and Amy Coney Barrett. He explained that Colorado cannot “force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance.” And he indicated that the court’s decision would provide similar protection to other business owners whose services involve speech, such as artists, speechwriters, and movie directors.
But in her dissent, Justice Sonia Sotomayor – in an opinion joined by Justices Elena Kagan and Ketanji Brown Jackson – called the decision “a sad day in the American constitutional law and in the lives of LGBTQ people.”