Thread by @CarolineMCorbin

This am, #SCOTUS will be hearing oral args in #303Creative v. Elenis

At issue is whether a website design co has a free speech right to discriminate against same-sex couples

I’ll be live-tweeting

But first let me, a First Amendment prof, provide some background

#SupremeCourt

303 Creative, a website co, wants to expand into the wedding market.

However, it wants only heterosexual wedding clients, as it believes same-sex marriage conflicts with God’s will

Plus it wants to put a statement on the website explaining its refusal to serve same-sex couples

Unfortunately for 303 Creative, discriminating on the basis of sexual orientation is illegal
Colorado has an anti-disc law that bans disc in places of public accommodation (places that are open to the public & offer goods and services, like bakeries or design cos)

#SCOTUS #LGBTQ

#303Creative's response is that the public accommodations law that bans disc on the basis of sexual orientation violates her free speech rights because forcing her to create a wedding website for a same-sex couple is akin to forcing her to endorse same-sex marriage

#SCOTUS

The free speech analysis is actually quite complicated in part bc the anti-discrimination law actually targets what people do (provide or not provide goods and services) rather than what they say (same-sex marriage is awesome!)

We’ll see if #SCOTUS cares

#303Creative #LGBTQ

Law geek version: one question in #303Creative is whether the anti-disc law should trigger strict scrutiny bc it is a content-based regulation of speech or intermediate scrutiny bc it content-neutral regulation of conduct that incidentally affects speech

#SCOTUS #speech #LGBTQ

Even so, #speech regulations are constitutional if the govt has no other way to accomplish a govt goal of the utmost importance.

And traditionally, ending discrimination was considered a really compelling govt interest.

But under this #SupremeCourt, with #LGBTQ rights?

#SCOTUS

[Experiencing déjà vu?

Similar issues arose when the Masterpiece Cakeshop bakery refused to make wedding cakes for same-sex couples

The bakery won, but on narrow religious liberty grounds, not speech grounds.]

#303Creative #SCOTUS #FreeSpeech #SupremeCourt
#LGBTQ #equality