The Supreme Court on Monday will consider whether a web designer’s refusal to produce same-sex-union sites violates public-accommodation law.
Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston
Colorado responds that even if the websites Smith wants to produce are expressive — she has not actually accepted commission for one to avoid running afoul of the law — she is conflating free speech with selling a product. The state’s residents should not have to worry about whether a business will reject them “because of who they are.”
Smith, the state says, is free to offer “only websites that include biblical quotes describing marriage as the union of one man and one woman.” But then the company “must sell whatever it offers to customers regardless of their race, religion, sexual orientation, or other protected characteristic . . . Both believers and atheists can choose to buy its websites with biblical quotes.”
It is also not enough that other companies would provide similar marriage services to same-sex couples, the state says. The court made that clear decades ago, ruling against a motel that wanted to serve only White guests and a restaurant owner who said an integrated dining room would violate his religious beliefs.responds that “throwing in racism is simply an attempt to shut down the debate and frankly it’s offensive to malign people like that.
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