Supreme Court Ruling that Pushes Gay Rights One Step Back
By: Bobin Park
On Friday, June 30th, the Supreme Court ruled 6 to 3 that businesses can refuse services to same-sex couples. Lori Smith runs a graphic design business called 303 Creative. Her case is that the Colorado Anti-Discrimination Act will compel her to create websites for gay couples, which is inconsistent with her beliefs. The Supreme Court ruled that forcing her to create the aforementioned wedding websites would violate her right to free speech under the First Amendment. This decision would allow businesses that produce creative content and expression, such as artists, photographers, videographers, and writers, to refuse expressive services if they opposed their beliefs.
However, dissenters of the ruling, specifically Justice Sotomayor, argued that Colorado’s law “targets conduct, not speech, for regulation, and the act of discrimination has never constituted protected expression under the First Amendment.” Phil Weiser, the Colorado Attorney General announced that this decision allows businesses to discriminate against their customers. It enables all types of businesses “to have a First Amendment right to refuse customers because of who they are.” The decision is creating a new legal precedent that opens up more questions. For instance, courts could also consider if one’s religious freedom, protected under the First Amendment, gives businesses the right to refuse LGBTQ+ people.
Activists also fear the implications of this decision as the conservative Supreme Court continues its trend of undermining LGBTQ rights. One such example is the potential reversing of a landmark decision, Obergefell v. Hodges, that legalized same-sex marriage in 2015. Justice Thomas called the court to reconsider Obergefell immediately after the overturning of Roe v. Wade.
The political climate against the LGBTQ+ community is intensifying. This year alone, more than 520 anti-LGBTQ+ bills were introduced into state legislatures. More and more politicians weaponize gay rights as a means to appeal to constituents. And the Supreme Court with its conservative majority continues to endanger LGBTQ+ rights by undermining what little legal protections they have left.
Sources:
https://www.cnn.com/2022/12/05/politics/supreme-court-same-sex-couples-lorie-smith/index.htm
https://www.cnn.com/2022/12/05/politics/supreme-court-same-sex-couples-lorie-smith/index.html
https://www.politico.com/news/2022/06/24/thomas-constitutional-rights-00042256
https://www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf
https://crsreports.congress.gov/product/pdf/LSB/LSB11000