Abcarian: How the ripple effect of the Supreme Court's 303 Creative decision could swamp civil rights (via latimesopinion )
Now that the legal door has been opened to anti-LGBTQ+ bigots or racists, there’s just no telling how far the Supreme Court’s license to discriminate will go.that a website designer in Colorado would not violate the state’s antidiscrimination law if she refused to create wedding websites for gay couples.
Mind you, Lorie Smith, the proprietor of 303 Creative, was not actually creating wedding websites at that point, but she wanted to know in advance whether it would be OK to turn away gay people because she abhors same-sex marriage.Smith is represented by the right-wing Christian legal juggernaut Alliance Defending Freedom, which is hellbent on reversing LGBTQ+ rights.
To Smith, her lawyers attested, same-sex marriage “is not only problematic because it violates God’s will, but also because it harms society and children because marriage between one man and one woman is a fundamental building block of society and the ideal arrangement for the rearing of children.” In telling their client’s story, the ADF laid it on thick: “Lorie believes that our culture’s movement away from God’s design for marriage is particularly pronounced in the wake of the Supreme Court’s Obergefell v. Hodges decision, which held that there is a constitutional right to same-sex marriage.”
I thought it was bizarre to be able to bring a lawsuit with imaginary facts, but as Berkeley Law Dean Erwin Chemerinsky explained to me,“No one should have to eat a mushroom in order to know if it’s poisonous or not,” Chemerinsky said. “She says, ‘I am not going to set up this business if I have to serve same-sex couples, so let me know in advance.’ ” Fair enough.
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