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The announcement by the Colorado Supreme Court is the latest development in the yearslong legal saga involving Jack Phillips and LGBTQ+ rights. Political Cartoons View All 1196 ImagesEarlier this year, the Colorado Court of Appeals sided with Scardina in the case, ruling that the cake was not a form of speech. “We are grateful that the Colorado Supreme Court will hear Jack Phillips’ case to hopefully uphold every Coloradan’s freedom to express what they believe,” said Jake Warner, Phillips' Alliance Defending Freedom attorney. Phillips maintains that the cakes he creates are a form of speech and asked the state Supreme Court to consider his appeal in April. Scardina, an attorney, attempted to order her cake on the same day in 2017 that the Supreme Court announced it would hear Phillips’ appeal in the wedding cake case.

Persons: Jack Phillips, Phillips, Autumn, Scardina, didn’t, Jack Phillips ’, ”, Jake Warner, “ Jack, Lorie Smith Organizations: DENVER, Supreme, Colorado Supreme, U.S, Scardina, Alliance Defending, Creative, Alliance Defending Freedom, Colorado, Associated Press, America Statehouse News Initiative, America Locations: Denver, Colorado, Scardina

☆ The Smearing of Lorie Smith
▼ + stars: | 2023-07-12 | by ( Kristen Waggoner | Erin Hawley | ) www.wsj.com time to read: 1 min

Journal Editorial Report: A lawsuit says tech and government silenced critics. Images: Zuma Press/Getty Images Composite: Mark KellyThe permanent political campaign against the Supreme Court has expanded to target successful litigants. Last month the justices ruled in favor of our client Lorie Smith in 303 Creative v. Elenis, a landmark victory for free speech. Although this ruling benefits people across the ideological spectrum, some on the left—including many in the press—have responded with a disinformation effort against Ms. Smith.

Persons: Mark Kelly, Lorie Smith, Smith Organizations: Zuma, Creative

☆ The Supreme Court Has Opened the Door to Discrimination in 303 Creative. Here’s How States Can Slam It Shut. - The New York Times
▼ + stars: | 2023-07-01 | by ( Aaron Tang | ) www.nytimes.com time to read: +1 min

The Supreme Court has sided with a Christian graphic designer who refuses to create wedding websites for gay or lesbian couples. In 2018, the court faced a similar question when a Colorado baker violated the same anti-discrimination law by refusing to bake a wedding cake for a gay couple. The court ruled in favor of the baker on narrow grounds, ducking the broader free speech question. More than 20 states, including New York and California, have anti-discrimination laws like Colorado’s. By creating a free speech carve-out from these laws, the court’s ruling threatens to obliterate a vital tool in efforts to protect the L.G.B.T.Q.

Persons: Neil Gorsuch, ” Organizations: Creative, Alliance Defending Locations: Colorado, New York, California

☆ Takeaways from the latest controversial and contentious Supreme Court term
▼ + stars: | 2023-07-01 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +17 min

In his opinion blocking the student debt program, Roberts insisted he is concerned about criticisms of the court. “Make no mistake: Supreme Court ethics reform must happen whether the Court participates in the process or not,” he warned. In June, the court sided with a cement mixing company that sought to bypass federal labor law and sue a union in state court for the destruction of property caused by striking workers. On Tuesday, when Roberts announced the court’s opinion in Moore v. Harper, liberals and even some conservatives exhaled, relieved that the court was rejecting a controversial Trump-backed election law theory. “Justice Jackson has a different view,” he said at one point.

Persons: John Roberts, Roe, Wade, ” Roberts, Roberts, Samuel Alito, Clarence Thomas, he’d, Joe Biden’s, Roberts –, –, It’s, Donald Trump’s, ”, Gorsuch, Neil Gorsuch, Bostock, Lorie Smith, ” Alito, Alito, Dobbs, Jackson, Brett Kavanaugh’s, hadn’t, Paul Singer, Singer, ProPublica, “ we’d, “, ” ProPublica, Thomas, Dick Durbin, Elena Kagan, KBJ, Ketanji Brown Jackson, Dr, Adam Feldman, ” Feldman, Sonia Sotomayor, Kagan, Barrett, Thomas couldn’t, ” Jenny Hunter, ” Jackson, ‘, Harper, exhaled, Barack Obama, Rick Hasen –, Hasen, Moore, Thomas Long, Kevin Merida, Michael Fletcher, “ Justice Jackson, Thomas ’ “, ” Thomas Organizations: CNN, Civil, Creative, Politico, Wall Street Journal, Street, GOP, Illinois Democrat, pounced, University of North, National Labor Relations, Independent, Trump, Federal, “, UNC Locations: Colorado, Washington , DC, United States, “, Rome, Illinois, American, Moore, North Carolina

☆ 303 Creative v. Elenis Is a Victory for Free Speech and Pluralism
▼ + stars: | 2023-06-30 | by ( The Editorial Board | ) www.wsj.com time to read: 1 min

This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com. https://www.wsj.com/articles/303-creative-llc-v-elenis-supreme-court-neil-gorsuch-lorie-smith-free-speech-first-amendment-5a443236

Persons: Dow Jones, gorsuch, lorie

☆ Opinion | How Christians and Drag Queens Are Defending the First Amendment
▼ + stars: | 2023-06-30 | by ( David French | ) www.nytimes.com time to read: +2 min

Last year, I wrote an amicus brief in a case called 303 Creative L.L.C. v. Elenis, arguing that a wedding website designer had a First Amendment right not to speak. This case was not, as it has been widely described, about whether a website designer could refuse gay customers. That would be both illegal and immoral, and I would not participate in such a case. The case was not about whether a business could refuse to provide goods or services but whether it could refuse to generate specific expressions with which it disagreed.

Persons: Lorie Smith, “ ‘, ‘, Smith, Neil Gorsuch, Bostock Organizations: Supreme Locations: Colorado, Clayton County

☆ Sotomayor says Supreme Court is opening the door to racial discrimination and sending 'the message that we live in a society with social castes'
▼ + stars: | 2023-06-30 | by ( Bryan Metzger | ) www.businessinsider.com time to read: +3 min

In her dissent, Justice Sotomayor argued that the ruling could allow for racial discrimination too. She also said the court sends the symbolic message that "we live in a society with social castes." Sotomayor argued that the logic of the case could easily be extended to allow for racial discrimination as well. "A website designer could equally refuse to create a wedding website for an interracial couple, for example," Sotomayor wrote. "Apparently, a gay or lesbian couple might buy a wedding website for their straight friends," Sotomayor wrote.

Persons: Sotomayor, —, Sonia Sotomayor, Lorie Smith, Smith, — Sotomayor, George Organizations: Service, Creative, Black Americans Locations: Colorado, United States, Virginia

☆ Sotomayor slams the Supreme Court for finding that a Colorado web designer shouldn't be forced to make sites for same-sex couples: 'Today is a sad day in American constitutional law and in the lives o
▼ + stars: | 2023-06-30 | by ( Brent D. Griffiths | ) www.businessinsider.com time to read: +4 min

Justice Sonia Sotomayor blasted the Supreme Court for siding with a web designer who wanted to not serve same-sex couples. Sotomayor wrote a firey dissent, arguing that high court's decision will lead to LGBTQ+ Americans becoming second-class citizens. "Today is a sad day in American constitutional law and in the lives of LGBT people," she wrote. "Today is a sad day in American constitutional law and in the lives of LGBT people," Sotomayor wrote in her dissenting opinion. "The opinion of the Court is, quite literally, a notice that reads: 'Some services may be denied to same-sex couples,'" Sotomayor wrote.

Persons: Sonia Sotomayor, Sotomayor, —, Neil Gorsuch, Elena Kagan, Ketanji Brown Jackson, Gorsuch Organizations: Service, Creative Locations: Colorado, America

☆ Schumer slams 'MAGA-captured Supreme Court' that now has led the right to achieve 'dangerous, regressive policies'
▼ + stars: | 2023-06-30 | by ( Brent D. Griffiths | ) www.businessinsider.com time to read: +4 min

Chuck Schumer unloaded on the Supreme Court after a pair of 6-3 rulings on Friday. The top Senate Democrat called the body a "MAGA-captured Supreme Court." The cases were 303 Creative LLC v. Elenis and Biden v. Nebraska, respectively. "The ill-founded and disappointing decisions from the Supreme Court are a stark reminder that it will take a sustained effort to rebalance our federal courts ...," Schumer said. Schumer's past criticism of the Supreme Court has drawn more than just eyebrows.

Persons: Chuck Schumer, MAGA, —, Joe Biden's, Schumer, Biden, Elenis, ProPublica, Clarence Thomas, Samuel Alito, Thomas, Alito, Mitch McConnell, McConnell, Barack Obama, Antonin Scalia's, Donald Trump's, Amy Coney Barrett, Brett Kavanaugh, Neil Gorsuch, John Roberts, Roberts, Elena Kagan's Organizations: Democrat, Service, Biden, New York Democrat Locations: Colorado, . Nebraska, Nebraska

The case, though framed as clash between free speech and gay rights, was the latest in a series of decisions in favor of religious people and groups, notably conservative Christians. A Colorado law forbids discrimination against gay people by businesses open to the public as well as statements announcing such discrimination. But when the Supreme Court agreed to hear the case, 303 Creative L.L.C. He was the author of every major Supreme Court decision protecting gay rights under the Constitution. But he was also the court’s most ardent defender of free speech.

Persons: Neil M, Gorsuch, Lorie Smith, Smith, Smith’s, Mary Beck Briscoe, Judge Briscoe, “, ” Judge Briscoe, Timothy M, Tymkovich, George Orwell, ’ ”, ”, Anthony M, Kennedy, Justice Kennedy, Jack Phillips, Ruth Bader Ginsburg, Brett M, Kavanaugh, Amy Coney Barrett Organizations: Supreme, U.S ., Appeals, Circuit, Colorado Civil Rights Commission Locations: Colorado, Denver, “ Colorado

☆ What the Supreme Court’s LGBTQ rights decision means
▼ + stars: | 2023-06-30 | by ( Devan Cole | ) edition.cnn.com time to read: +8 min

“So I think the category of businesses that will be able to claim free speech rights against anti-discrimination laws is not at all clear. Jennifer Pizer, the chief legal officer for Lambda Legal, an LGBTQ rights group, also said the court wasn’t clear on what types of businesses are included within the category the court mentioned. Sepper similarly said that the majority didn’t specifically limit the decision to LGBTQ people. So this opens the door to race, religion, sex, sexual orientation, national origin discrimination – any kind of discrimination,” she said. But in the fallout of Friday’s decision, LGBTQ advocates and experts cautioned that, far from settling the issue at the center of the case, the ruling will likely embolden opponents of LGBTQ rights and spur a fresh wave of litigation that could strip away civil rights protections in other areas of life.

Persons: Neil Gorsuch, Lorie Smith, ”, Elizabeth Sepper, Sepper, “ There’s, Jennifer Pizer, “, ” Pizer, Sonia Sotomayor, ” Gorsuch, Sotomayor, Smith, Katherine Franke, ” Franke, Phil Weiser, Gorsuch, Pizer Organizations: Washington CNN, CNN, University of Texas, Creative, Lambda Legal, Virgin Islands, Movement Advancement, Columbia Law School Locations: Colorado, Virgin, Washington

☆ Free Speech for All—Except the Little Guy
▼ + stars: | 2022-12-06 | by ( Christopher Mills | ) www.wsj.com time to read: +1 min

The Supreme Court hears arguments Monday in 303 Creative v. Elenis, in which Colorado claims it can compel Lorie Smith , a wedding website designer, to create custom content for same-sex weddings over her religious objections. The First Amendment broadly prohibits the government from compelling people to speak. Circuit Court of Appeals acknowledged that forcing Ms. Smith to speak a state-imposed message infringed on her First Amendment rights. But it justified that infringement on grounds that her custom designs are “by definition, unavailable elsewhere,” making Ms. Smith “similar to a monopoly.”That’s far-fetched. As one of thousands of designers, Ms. Smith couldn’t have fewer rights.

☆ Supreme Court case on same-sex marriage could allow LGBTQ discrimination
▼ + stars: | 2022-12-05 | by ( Caroline Mala Corbin | Caroline Mala Corbin Is A Professor Of Law | Dean S Distinguished Scholar At The University Of Miami School Of Law. She Is A First Amendment Expert Who Has | ) www.nbcnews.com time to read: +9 min

Does a website design company have a First Amendment right to discriminate against same-sex couples? But the Supreme Court reached no conclusion on the free speech claim and instead ruled in favor of the bakery on narrow religious grounds. The challenge here is how to classify 303 Creative’s making or refusing to make a website for same-sex couples. If so, it does not trigger, never mind violate, the free speech clause. It would extend to companies that oppose it for nonreligious reasons but can argue that providing their speech-based services to same-sex couples compelled them to express a message of support for that marriage.

☆ Justice Alito weirdly jokes that 'You do see a lot of Black children in Ku Klux Klan outfits all the time' while debating a free speech case and talking about Santa photos
▼ + stars: | 2022-12-05 | by ( Rebecca Cohen | ) www.businessinsider.com time to read: +2 min

Justice Samuel Alito made a weird joke during oral arguments in a free speech case Monday. "You do see a lot of Black children in Ku Klux Klan outfits, right? Jackson's scenario was about a photography business not wanting to take photos of a mall Santa Claus with children who are not white. "No, because Ku Klux Klan outfits are not protected characteristics under public accommodation laws," Colorado Solicitor General Eric Olsen responded. "You do see a lot of Black children in Ku Klux Klan outfits, right?"

☆ Supreme Court's conservative majority appears sympathetic to Christian graphic designer who refuses to create websites for same-sex weddings
▼ + stars: | 2022-12-05 | by ( Oma Seddiq | ) www.businessinsider.com time to read: +6 min

The Supreme Court heard a free-speech challenge from a Christian graphic designer based in Colorado. Lorie Smith, the owner of 303 Creative, refuses to create websites for same-sex weddings. At the heart of the case is a Colorado law that forbids businesses from discriminating based on sexual orientation. "As a Christian, I can't separate my faith from who I am," Smith told Insider in a recent interview. The Supreme Court is expected to hand down its decision in the case, 303 Creative LLC v. Elenis, by June.

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