“The Tenth Circuit’s reasoning makes clear the true purpose of CADA’s speech compulsions — to compel dissenters to mouth views with which they disagree and to silence opposing viewpoints,” the lawmakers wrote, urging the court to take the case. “After all, as the Tenth Circuit recognized, same-sex couples have no shortage of alternative options for wedding website designs.”
In 2018, the Supreme Court decided another case about the same Colorado anti-discrimination law, about baker Jack Phillips, the owner of Masterpiece Cakeshop who declined to make a cake for a same-sex 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 made clear that it doesn’t dictate the outcome of future cases that would ask the Supreme Court to weigh religious rights against anti-discrimination laws.
The ideological makeup of the Supreme Court has shifted rightward since then. The 2018 opinion was written by now-retired Justice Anthony M. Kennedy, who wrote the opinions in a series of cases that expanded LGBTQ rights, on a court where conservatives had a 5-4 majority.
Now, conservatives have a 6-3 majority, which has flexed its muscles this term and shown a willingness to take on big issues. That includes decisions 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.
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February 23, 2022 at 01:12AM
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Supreme Court to decide case on designer's right to not create same-sex marriage websites - Roll Call
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