Sunday, July 9, 2023

The Colorado website designer's win is one of dozens of federal cases where religious beliefs and LGBTQ+ rights have clashed – and the pattern might not be what you think

Still, as Justice Sonia Sotomayor noted in her dissent – joined by Justice Elena Kagan and Justice Ketanji Brown Jackson – this ruling leaves open the possibility that other religious business owners will claim their services are "expressive" acts of speech and thus refuse to serve LGBTQ+ people. 

"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," Sotomayor wrote. "The law in question targets conduct, not speech, for regulation, and the act of discrimination has never constituted protected expression under the First Amendment." …

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