These may not be apposite in Elenis, as flowers, hairdos & photography do not involve what the 10th c saw as "pure speech" of website words & design. The question here is less messy—no "is cake speech?" It's flat-out whether certain views can exempt people from public-acc. laws.
To be clear: the 10th circuit ruled against the website designer EVEN THOUGH it acknowledged her work involves "pure speech".
That's because, Judge Briscoe found, Colorado's law passes strict scrutiny. It has a compelling interest in protecting LGBT people from discrimination in the marketplace.
So I don't think SCOTUS's ruling in Elenis will impact all manner of businesses and all the possible discriminatory things they might do. But it will affect any business involved in "pure speech".
Which means...
...Jon is right that SCOTUS will have to explain why its ruling is cabined to permit discrimination based on beliefs about same-sex marriage but not, say, opposition to interracial marriage or inter-religious marriage.
But a ruling explaining why states can prohibit discrimination based on beliefs about race or religion but must *allow* discrimination based on beliefs about sexual orientation will be...fraught. To put it mildly.
The website designer says she's happy to make websites for LGBT people, just as the baker in Masterpiece said he's happy to make birthday cakes &c for LGBT people. It's just gay *marriage* they can't put their imprimatur on; they discriminate against ideas, not people. Well.
That's a problematic distinction.
But let's run with it for a moment and see what happens!
Website designers opposed to interracial marriage can turn away mixed-race couples. Those who don't like Catholic weddings can turn away Catholics.
NEW at SCOTUS: a 6-3 decision in Unicolors, Inc v. H&M Hennes & Mauritz, LP—a fairly technical copyright case. Breyer writes for the majority; Thomas, Alito and Gorsuch dissent
BREAKING AT SCOTUS: in a blow to voting rights, justices vote 5-4 to PERMIT Alabama to use a gerrymandered congressional map that dilutes voting influence of African Americans. A major victory for Republicans.
Chief Justice Roberts dissents, along with the three liberal justices.
Justice Kagan ends her dissent, joined by Breyer and Sotomayor, reiterating themes she has voiced before: the illegitimacy of resolving such crucial questions on the shadow docket, and the anti-democratic results of permitting racial gerrymanders.
The “of students” part is pretty ambiguous. Is it only illegal to teach natural selection if you have creationist kids in your particular classroom? Do you need to poll your students at the beginning of the semester to find out what their religious beliefs are?
What if you have religious students whose fundamental tenet is “help the poor”? Is it illegal to teach Herbert Spencer?
NEW at SCOTUS: Alabama files emergency application in race & redistricting dispute over new state's new congressional map.
As COVID-related litigation dissipates, this is likely the first of a wave of post-redistricting map-drawing disputes the justices will have to navigate.
First page. Will post full application in a minute.
This is NOT a dispute over whether someone is to be executed. It's whether SCOTUS should reverse two lower courts that agreed to pause a lethal injection for an illiterate prisoner who prefers to die via nitrogen hypoxia but couldn't read the form giving him that option.
And five justices intervened to make sure the cognitively impaired prisoner is put to death immediately rather than in a few weeks.
That's where we are.
Reeves's lawyer: “The immense power of the State should be used to help its citizens, not to prevent them from exercising their rights. The immense authority of the Supreme Court should be used to protect its citizens, not to strip them of their rights without explanation."
Admit I'm a little teary-eyed after reading the justices' lovely odes to Justice Breyer.
Some highlights:
Roberts: "his fanciful hypotheticals during oral
argument have befuddled counsel and colleagues alike"
Roberts: "He is also a reliable antidote to dead airtime at our lunches, moving seamlessly from modern
architecture to French cinema, to old radio shows, to a surprisingly comprehensive collection of
riddles and knock-knock jokes."