“Today,” Sotomayor wrote, “is a sad day in American constitutional law and in the lives of LGBT people.” She is correct.
at an individual’s ideas about sexual orientation, as Gorsuch suggested, but at how they impose these ideas on potential customers in a marketplace that the state wishes to remain open to all. The statute “targets conduct, not speech, for regulation,” she wrote, “and theGorsuch, in response, tried to draw a line between discrimination based on “status” and discrimination based on “message,” claiming that the First Amendment protects only the latter.
However, in a conciliatory passage, Gorsuch also acknowledged “the vital role public accommodations laws play in realizing the civil rights of all Americans.” He expressed approval for LGBTQ+ nondiscrimination laws as a general matter, writing that states may “protect gay persons” just like any other class “in acquiring whatever products and services they choose on the same terms and conditions as are offered to other members of the public.” Sotomayor was not convinced.
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