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Supreme Court Backs Web Designer Opposed to Same-Sex Marriage – The New York Times
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The justices settled a question left open in 2018: whether businesses open to the public and engaged in expression may refuse to serve customers based on religious convictions.
Abbie VanSickle and
Reporting from Washington
The Supreme Court sided on Friday with a web designer in Colorado who said she had a First Amendment right to refuse to design wedding websites for same-sex couples despite a state law that forbids discrimination against gay people.
Justice Neil M. Gorsuch, writing for the majority in a 6-3 vote, said that the First Amendment protected the designer, Lorie Smith, from being compelled to express views she opposed.
“A hundred years ago, Ms. Smith might have furnished her services using pen and paper,” he wrote. “Those services are no less protected speech today because they are conveyed with a ‘voice that resonates farther than it could from any soapbox.’”
The case, though framed as a clash between free speech and gay rights, was the latest in a series of decisions in favor of religious people and groups, notably conservative Christians.
The decision also appeared to suggest that the rights of L.G.B.T.Q. people, including to same-sex marriage, are on more vulnerable legal footing, particularly when they are at odds with claims of religious freedom. At the same time, the ruling limited the ability of governments to enforce anti-discrimination laws.
The justices split along ideological lines, and the two sides appeared to talk past each other. The majority saw the decision as a victory that safeguarded the First Amendment right of artists to express themselves. The liberal justices viewed it as something else entirely — a dispute that threatened societal protections for gay rights and rolled back some recent progress.
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