July 5, 2022
Obligatory statement: I am not a lawyer, this is not legal advice. But I retain my right to rage against the machine about the bottom-barrel headliners this YOLO Court is looking at for the next session.
This is the rehash of that gay wedding cake case from Colorado, where SCOTUS didn’t decide whether religious rights allowed someone to discriminate in their business.
SCOTUS didn’t rule last time on this nearly identical fact pattern. It’s a conundrum because not only is it a civil rights vs. free speech issue on its face, it’s also evidence of the problems of an overly litigious society, and anyone who sells writing understands the problematic of whether to call their work, “speech” or a product. On the one side, gay folks want to know what their civil rights are; on the other side, regressive conservatives want to know how much of their being mean to gay folks is protected by their free speech rights - and they’ll bargain some possible information about web design to the legal system to take that to court. (Dirty Computer.) Basically we can all tell that this web designer, who wants to pre-emptively deny access to her business to gay folks, is orchestrating a provocation.
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