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☆ Colorado court dismisses suit against baker who wouldn't make transgender-themed cake
▼ + stars: | 2024-10-09 | by ( ) www.nbcnews.com time to read: +3 min

Lower courts in Colorado had concluded that Masterpiece Cakeshop and the bakery’s owner, Jack Phillips, had violated Autumn Scardina’s rights by refusing to make her a pink cake with blue frosting because of her identity as a transgender woman. Scardina had initially filed a discrimination complaint with the Colorado Civil Rights Division after Phillips refused to make the cake she wanted to order to celebrate her birthday and her identity as a transgender woman. Justice Melissa Hart, writing for the majority, said Scardina should have challenged that decision in an appeals court, rather than file a new lawsuit. The U.S. Supreme Court in 2018 ruled in Phillips’ favor but on narrow grounds that avoided setting a major precedent allowing people to claim religious exemptions from anti-discrimination laws. But in June 2023, in a case billed as a sort of sequel, the 6-3 conservative majority U.S. Supreme Court held the First Amendment protected web designer Lorie Smith from being compelled by Colorado to provide services to same-sex weddings.

Persons: Jack Phillips, Phillips, Scardina, Melissa Hart, Richard Gabriel, ”, construe, John McHugh, Scardina’s, ” Scardina, Phillips ’, Lorie Smith Organizations: U.S, Supreme, Colorado Supreme, Colorado Anti, Colorado Civil Rights, Defending, Colorado Civil, Phillips Locations: Colorado

☆ Colorado to pay web designer’s legal fees after losing LGBTQ anti-bias law case
▼ + stars: | 2024-10-01 | by ( ) www.nbcnews.com time to read: +2 min

Colorado and web designer Lorie Smith’s lawyers at conservative law firm Alliance Defending Freedom disclosed the accord in a court filing last week. Alliance Defending Freedom senior counsel Bryan Neihart in a statement on Monday said it was common for the prevailing party in a civil rights case to ask for and receive legal fees after winning in court. Arizona-based Alliance Defending Freedom is a faith-based legal advocacy organization that pursues lawsuits related to religious liberty. In Smith’s bid for fees, Alliance Defending Freedom said its $2 million request would reimburse them for 2,174.4 hours of work on the litigation. Smith and lawyers for Colorado in a court filing said they planned to file their finalized settlement notice to the court by Oct. 16.

Persons: Lorie Smith’s, Smith, Bryan Neihart, Lorie Smith, ” Neihart, Freedom Organizations: U.S, Supreme, Alliance Defending, US Supreme, Colorado Locations: Colorado, Arizona

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

☆ Opinion: Be a good IRL human in this time of anti-LGBTQ and other attacks
▼ + stars: | 2023-09-01 | by ( Opinion Allison Hope | ) edition.cnn.com time to read: +10 min

Raise voices and advocate for greater inclusion and school policies that protect rather than isolate or further marginalize students. LGBTQ+ students are heading back to school fearful and uncertain that they will be supported,” said Cheryl Greene, director of the Human Rights Campaign’s Welcoming Schools program. Not all workplace policies are created equal, and workplaces must also comply with local laws that differ by geography. Know the anti-discrimination workplace policies and best practices and ensure they align. Know the anti-discrimination workplace policies and best practices and ensure they align.

Persons: Allison Hope, CNN —, ”, Cheryl Greene, Justin Sullivan, Matthew Di Taranto, Mike Segar, Lorie Smith, Nicole Erkfitz, Erkfitz, ” Erkfitz, “ Organizations: New Yorker, The New York Times, Washington Post, CNN, Slate, Communications, Reuters, Twitter, Facebook, AMFM Healthcare Locations: New, Florida, AMFM Healthcare Northern Virginia

☆ 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

☆ It doesn't matter that there was a fake detail in the case the Supreme Court used to roll back LGBTQ+ rights, experts say
▼ + stars: | 2023-07-06 | by ( Sonam Sheth | ) www.businessinsider.com time to read: +3 min

The Supreme Court ruled last week that a Colorado wedding website designer has the right to refuse service to same-sex couples. The New Republic reported that a website request cited in the case appears to have been fabricated. But legal experts even if the request was fake, it wouldn't be enough to affect the court's ruling. Phil Weiser, Colorado's attorney general, said in a statement that the high court's ruling "will permit businesses to turn away LGBTQ customers just by claiming that they sell expressive or artistic services." "The opinion represents a radical departure from decades of Court precedent and fails to uphold the principle of 'Equal Justice for All' inscribed on the U.S. Supreme Court building."

Persons: —, Stewart, Mike, Lorie Smith, Josh Blackman, South Texas College of Law Houston, Smith, Blackman, " Blackman, Carolyn Shapiro, Phil Weiser Organizations: New, Service, South Texas College of Law, Chicago, Kent College of Law, NBC, Alliance, U.S, Supreme Locations: Colorado, New Republic

☆ What to Know About a Seemingly Fake Document in a Gay Rights Case
▼ + stars: | 2023-07-03 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

The man who supposedly submitted the form said he was unaware of its existence until a reporter for The New Republic called him. He is, moreover, straight, married to a woman and a supporter of gay rights. She said in the suit that the law violated the First Amendment by forcing her to espouse beliefs at odds with her faith. The form was said to have been filled out by someone named Stewart, and it included a real email address and phone number. “We are getting married early next year and would love some design work done for our invites, placenames etc.,” Stewart wrote, saying his partner was named Mike.

Persons: Lorie Smith, Stewart, ” Stewart, Mike, “, ” Organizations: The Locations: Colorado, Republic

☆ LGBT rights yield to religious interests at US Supreme Court
▼ + stars: | 2023-07-01 | by ( John Kruzel | Industry Insight | Corporate Attorneys Don T Want To Pay Law Firms For Chatgpt When They Could Use It Themselves | ) www.reuters.com time to read: +6 min

"We've seen a dramatic expansion of rights for conservative religious communities that has had a detrimental impact on equality rights, certainly for LGBTQ people," said Elizabeth Platt, director of the Law, Rights and Religion Project at Columbia Law School. Smith, who said she opposes gay marriage based on her Christian beliefs, was represented by the Alliance Defending Freedom, a conservative religious rights group. Still, the ruling illustrated a disparity in how the court views protections for LGBT people in contrast to the competing conservative Christian interests, Platt said. He stood out among conservatives in his espousal of sympathy both for conservative Christian causes and for what is sometimes called the "dignity interests" of marginalized groups including LGBT people. Barrett's addition gave it a 6-3 conservative margin and recalibrated how it weighed conservative Christian causes against the dignity interests of people protected by civil rights laws.

Persons: Read, Lorie Smith, Smith, Elizabeth Platt, Kristen Waggoner, Waggoner, Jack Phillips, Phillips, Platt, Anthony Kennedy, Brett Kavanaugh, Trump's, Neil Gorsuch, Friday's, Amy Coney Barrett, Kennedy, Kennedy's, Hodges, Obergefell, Barrett, Ruth Bader Ginsburg, Barrett's, Rachel Laser, John Kruzel, Will Dunham Organizations: U.S, Supreme, Law, Columbia Law School . Colorado, Alliance Defending, Defending, Colorado Civil Rights Commission, FOSTER CARE, Catholic Church, Philadelphia, Republican, Trump, Americans United, and State, Thomson Locations: WASHINGTON, Denver, Colorado, U.S, Fulton, City of Philadelphia, Obergefell

☆ 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

The US Supreme Court in Washington, DC, on Friday, June 30, 2023. Anna Rose Layden/Bloomberg/Getty ImagesCNN senior Supreme Court analyst Joan Biskupic says that over the past day, "all of the tensions on so many issues" were on display among the justices. Justice Sonia Sotomayor, sitting right next to him, then drew a contrast in her dissent. And she said, 'At this kind of time, what does the Supreme Court do? On the student loans decision: In a "brisk voice and tone," Chief Justice John Roberts "cut to the chase," according to Biskupic.

Persons: Anna Rose Layden, Joan Biskupic, Biskupic, Neil Gorsuch, Sonia Sotomayor, Sotomayor, Lorie Smith, John Roberts, —, Elena Kagan, Roberts, Kagan Organizations: Bloomberg, Getty, CNN, Civil Locations: Washington ,, Colorado, America

[1/3] Web designer Lorie Smith, plaintiff in a Supreme Court case who objects to same-sex marriage, poses for a portrait at her office in Littleton, Colorado, U.S., November 28, 2022. REUTERS/Kevin Mohatt/June 30 (Reuters) - The U.S. Supreme Court on Friday is poised to rule on whether a Christian web designer from Colorado has a right to refuse to provide services for same-sex marriages based on constitutional free speech protections - a case that could upend state anti-discrimination laws. The liberal justices during the argument said a decision favoring Smith could empower certain businesses to discriminate. Smith thus is free to sell whatever she wants, including websites with biblical passages stating an opposite-sex vision of marriage. The Supreme Court has supported religious rights and related free speech claims in recent years in other cases.

Persons: Lorie Smith, Kevin Mohatt, Smith, preemptively, Joe Biden's, Andrew Chung, Will Dunham Organizations: REUTERS, U.S, Supreme, Alliance Defending, Thomson Locations: Littleton , Colorado, U.S, Colorado, Denver, Colorado's, Littleton, New York

☆ US Supreme Court's liberals warn of LGBT ruling's ripple effects
▼ + stars: | 2023-06-30 | by ( Andrew Chung | Industry Insight | Corporate Attorneys Don T Want To Pay Law Firms For Chatgpt When They Could Use It Themselves | ) www.reuters.com time to read: +5 min

June 30 (Reuters) - The U.S. Supreme Court's conservative-majority ruling letting certain businesses refuse to provide services for same-sex marriages could impact an array of customers beyond LGBT people, according to the court's liberal justices. Smith said, for instance, she would happily serve an LGBT customer who wants graphics for an animal shelter. Critics said that distinction between message and status was not so clear-cut and could quickly veer into targeting people instead. The ruling takes LGBT rights backwards, Sotomayor wrote. The ruling's rationale cannot be limited to discrimination based on sexual orientation or gender identity and could exclude other groups from many services, Sotomayor said.

Persons: Lorie Smith, Neil Gorsuch, Gorsuch, Colorado's, Smith, Critics, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Sotomayor, Jim Bourg Sotomayor, Phil Weiser, of Jesus Christ, Weiser, Lambda, Jennifer Pizer, Amanda Shanor, Shanor, Andrew Chung, Will Dunham Organizations: U.S, Supreme, REUTERS, of Jesus, Lambda Legal, University of Pennsylvania's Wharton School, Thomson Locations: Denver, Colorado, Washington , U.S

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

☆ 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

☆ Supreme Court rules for web designer who refused to work on same-sex weddings
▼ + stars: | 2023-06-30 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +5 min

Web designer Lorie Smith, plaintiff in a Supreme Court case who objects to same-sex marriage, poses for a portrait at her office in Littleton, Colorado, U.S., November 28, 2022. The Supreme Court on Friday ruled in favor of an evangelical Christian web designer from Colorado who refuses to work on same-sex weddings. The remaining 21 states do not have laws explicitly protecting LGBTQ rights in public accommodations, although some local municipalities do. Lower courts ruled against Smith, prompting her to appeal to the Supreme Court. The Supreme Court ruled on the baker case before the retirement of Justice Anthony Kennedy, who voted in favor of LGBTQ rights in key cases.

Persons: Lorie Smith, Colorado's, Neil Gorsuch, Smith, Samuel Alito, —, Jack Phillips, Eric Olson, Phillips, Anthony Kennedy, Donald Trump, Kennedy, — Organizations: Klux Klan, NBC News, Colorado Civil Rights Commission, Supreme, Civil Rights Commission, Alliance Defending, Catholic Church Locations: Littleton , Colorado, U.S, Colorado, United States, Philadelphia

☆ The Supreme Court just allowed businesses to refuse to serve LGBTQ+ customers. A detail used to justify the case may be fake.
▼ + stars: | 2023-06-30 | by ( Sonam Sheth | ) www.businessinsider.com time to read: +2 min

The Supreme Court ruled that a wedding website owner in Colorado has the right to refuse service to LGBTQ couples. The New Republic spoke to the "gay" man in the case, who says he's straight and married with children. "I wouldn't want anybody to ... make me a wedding website?" But somebody's using false information in a Supreme Court filing document." The court's ruling in the case was 6-3, led by the conservative justices who now dominate the high court.

Persons: —, Lorie Smith, Stewart, Mike, I'm, Neil Gorsuch, Sonia Sotomayor Organizations: Service, New Locations: Colorado, Republic, New Republic

☆ 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

But under a Colorado public accommodations law, she said she cannot post the statement because the state considers it illegal. The ruling – rooted in free speech grounds – will pierce state public accommodation laws for those businesses who sell so-called “expressive” goods. It is the latest victory for religious conservatives at the high court and will alarm critics who fear the current court is setting its sights on overturning the 2015 marriage case. When the Supreme Court agreed to hear the case in February 2022, the justices sidestepped whether the law violated Smith’s free exercise of religion. In court, Waggoner said that the law works to compel speech in violation of the First Amendment.

Persons: Justice Neil Gorsuch, John Roberts, Samuel Alito, Amy Coney Barrett, Brett Kavanaugh, Clarence Thomas, Justice Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Lorie Smith, Gorsuch, ”, Smith’s, ” Gorsuch, Sotomayor, “, ’, Kristen Waggoner, Matthew Shepard, ” Sotomayor, Bostock, Trump, Kelley Robinson, Ritchie Torres, ” Torres, Waggoner, Smith, Smith –, –, ” Smith, ” Waggoner, Eric Olson Organizations: CNN, Chief, U.S, Supreme, Pride Month, Civil, American Civil Liberties Union, ”, Democratic, Twitter, Appeals Locations: Colorado, United States, Clayton County

☆ 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

[1/3] Judge Ketanji Brown Jackson listens to U.S. According to legal scholar Adam Feldman, who tracks court data, Jackson spoke more during oral arguments than any of the other current justices during their first terms. "She's just showed up from day one," said Terry Maroney, a Vanderbilt Law School professor who studies judicial decision-making and behavior. "She knows what she's doing, she's not shy, she's posing uncomfortable hypotheticals - and she's not afraid to do those things even if it's causing discomfort." Last year, rulings powered by the conservative justices ended recognition of a constitutional right to abortion and widened gun rights.

Persons: Ketanji Brown Jackson, Cory Booker, Elizabeth Frantz, Jackson, Lorie Smith, Smith, Santa Claus, Kristen Waggoner, Joe Biden, Adam Feldman, She's, Terry Maroney, she's, Stephen Breyer, Kent Greenfield, Greenfield, Sonia Sotomayor, Elena Kagan, Roman Martinez, John Roberts, Jackson's, Neil Gorsuch, Martinez, " Maroney, Andrew Chung, John Kruzel, Will Dunham Organizations: U.S . Senate, U.S, Supreme, Capitol, REUTERS, WASHINGTON, Democratic, Vanderbilt Law, Environmental Protection Agency, Boston College, Thomson Locations: Washington , U.S, Colorado, United States, California, New York, Washington

Against this backdrop, the court is again poised to decide cases with the potential to reshape key areas of law and impact life for millions of Americans. The court began its term in October and typically finishes by the end of June each year. The Supreme Court already has ruled in two major race-related cases. In the student admissions cases, the challengers - a group founded by anti-affirmative action activist Edward Blum - accused the two schools of discriminating against white and Asian American applicants. The justices also are due to decide the legality of President Joe Biden's plan to cancel $430 billion in student loan debt.

Persons: Roe, Wade, Clarence Thomas, Edward Blum, Joe Biden's, Lorie Smith's, Andrew Chung, John Kruzel, Will Dunham Organizations: U.S, Supreme, Harvard University, University of North, Republican, Harvard, UNC, Colorado, U.S . Postal Service, Thomson Locations: University of North Carolina, Texas, Alabama, Arkansas , Iowa , Kansas , Missouri , Nebraska, South Carolina, Louisiana, U.S, Colorado, North Carolina, New York, Washington

WASHINGTON, March 20 - The U.S. Supreme Court on Monday declined to hear a traveling Christian evangelist's free-speech challenge to a University of Alabama requirement that he obtain a permit before handing out religious pamphlets and preaching from a sidewalk adjacent to its campus. Keister, founder of a Pennsylvania-based group called Evangelism Mission, regularly visits U.S. university campuses in hopes of spreading his Christian message to students, according to court filings. School officials told Keister he needed a permit for a public-speaking event, prompting him and his companion to leave. Following losses in lower courts, Keister's appeal in 2018 was turned away by the U.S. Supreme Court, prompting him to file an amended civil rights suit against school officials the next year. The Supreme Court, which has a 6-3 conservative majority, in recent years has taken an expansive view of religious rights, though this case came to the justices as a free speech dispute.

☆ Colorado baker loses appeal over transgender birthday cake
▼ + stars: | 2023-01-27 | by ( Associated Press | ) www.nbcnews.com time to read: +3 min

The Colorado baker who won a partial U.S. Supreme Court victory after refusing to make a gay couple’s wedding cake because of his Christian faith lost an appeal Thursday in his latest legal fight, involving his rejection of a request for a birthday cake celebrating a gender transition. The Colorado Court of Appeals ruled that that the cake Autumn Scardina requested from Jack Phillips and Masterpiece Cakeshop, which was to be pink with blue frosting, is not a form of speech. 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. Phillips then filed a federal lawsuit against Colorado, accusing it of a “crusade to crush” him by pursuing the complaint. In March 2019, lawyers for the state and Phillips agreed to drop both cases under a settlement Scardina was not involved in.

☆ 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.

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