Wednesday, December 07, 2022

Colorado Tries to Force LGBTQ Approval

The US Supreme Court is considering an LGBTQ rights case, but it is really about subjugating normies.

A Stanford law professor writes:

One of the most telling exchanges during the argument involved a hypothetical from Justice Barrett, who asked the Deputy Solicitor General Brian Fletcher (whom I consider a friend: full disclosure), supporting the Colorado law, what would happen if the shoe were on the other foot—i.e., what if a gay web designer declined to create a custom website for a Christian organization that advocates for traditional marriage? Could the state compel such a person to design such a website?

Remarkably, Brian responded that the two cases should come out differently. That is, Colorado can compel a Christian to design a custom website celebrating a same-sex marriage, but cannot compel a gay person to design a custom website advocating for traditional marriage. His reasoning for this answer reveals the fundamental flaws in the government's position.

According to the Deputy Solicitor General, declining to design a website for a same-sex marriage is inherently a form of "status discrimination," which the government can treat as a form of "conduct" (not speech) and therefore compel or suppress as it sees fit. But declining to design a website promoting traditional marriage is discrimination based on the message (not status) and is therefore protected speech.

Wow. The only simple solution is to allow any business to refuse service to anyone.

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