Judges to decide designer’s right not to create gay marriage sites
“The Tenth Circuit’s reasoning makes clear the true purpose of CADA’s speech compulsions – to compel dissenters to express opinions with which they disagree and to silence opposing viewpoints,” the lawmakers wrote. , urging the court to take up the case. “After all, as the Tenth Circuit has recognized, same-sex couples have no shortage of alternative options for wedding web design.”
In 2018, the Supreme Court ruled on another case involving the same Colorado anti-discrimination law, involving baker Jack Phillips, the owner of Masterpiece Cakeshop who refused to bake a cake for a gay wedding because of his religious views. .
But that 7-2 opinion, while siding with Phillips, took a narrow approach that focused on how the state treated Phillips. And the opinion clarified that it does not dictate the outcome of future cases that would ask the Supreme Court to weigh religious rights against anti-discrimination laws.
The ideological composition of the Supreme Court has shifted to the right since then. The 2018 opinion was written by now-retired Judge Anthony M. Kennedy, who wrote the opinions in a series of cases expanding LGBTQ rights, in a court where conservatives had a majority of 5 against 4.
Now the Conservatives have a 6-3 majority that has flexed its muscles this term and shown a willingness to tackle the big issues. That includes rulings that allowed Alabama to use its new congressional map for the 2022 election and left in place a Texas law that sharply curtailed abortion in the state.