Doled out
Businesses can discriminate against LGBTQ+ Americans now, according to a Supreme Court decision from June 29.
The case was brought by a woman who owns Creative 303, a web design company based out of Colorado. Lorie Smith, the business owner, sued because she wanted to branch into designing wedding websites but quailed at the notion of offering her services to LGBTQ+ couples. Her suit was novel in that she had not yet been asked to design a website for a gay couple.
Supreme Court Justice Neil Gorsuch penned a 26-page decision on the case about a website that does not exist and has never been requested. In it, Gorsuch took the position that Smith’s First Amendment rights would be violated if she was required to create a website for a couple whose union “contradicts biblical truth.”
Two lower courts found that Smith was in the wrong and that Colorado’s anti-discrimination law was valid. In a 6-3 decision, the Supreme Court found the opposite.
“The First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees,” Gorsuch wrote.
In some readings, this is a textbook First Amendment case, a point made by Ian Millhiser of Vox. A similar case, regarding a cake baker from Colorado, had previously been litigated. What makes this case distinct, however, is that Smith had never been asked to make such a website.
“The frustrating thing about this case is that it involves an entirely fabricated legal dispute,” Millhiser wrote. “Again, Lorie Smith has never actually made a wedding website for a paying customer. Nor has Colorado ever attempted to enforce its civil rights law against Ms. Smith.”
What that means for civil rights suits going forward is an open question.
Seattle’s up for the Cup
Two soccer players from Seattle have been selected for the Team USA at the Homeless World Cup.
Edgar and Omar are two of eight people representing the United States at the Homeless World Cup, which invites people who are homeless, refugees or immigrants. More than 50 countries are expected to participate. The competition will take place between July 8 and 15.
“Edgar and Omar were selected not only for their dedication on the pitch, but most importantly their wins off the pitch, such as achievements in housing, education, work, community and more!” according to the press release. “It is a display of Street Soccer Seattle’s mission to foster the camaraderie, community, and confidence that are central to the sport of soccer to empower homeless individuals to find greater success and peace in their lives.”
Ashley Archibald was the editor of Real Change through July 2023, and is now a communication specialist for Purpose. Dignity. Action.
Read more of the July 5-11, 2023 issue.