The Supreme Court Says You Can Discriminate Even When No One is Around to Discriminate Against

 303 Creative is owned by Lorie Smith. Ms. Smith's company designs websites for businesses and individuals who pay for the service, much like you'd pay for a meal in a restaurant, a hammer in a hardware store, or a ride in a cab. In other words Lorie Smith is a business owner who runs a for profit operation that sells it's products to the public. 

Well, not all the public. Smith contends her religious beliefs prevent her creating wedding web sites for same sex couples. She is so convinced that somewhere in the bible--one presumes the Old Testament--it says you shouldn't design web sites for gays she hooked up with a bunch of hot shot lawyers from something called the Alliance Defending Freedom. 

Those crafty boys from the ADF took Smith's case all the way to the Supreme Court of these United States using the premise her work is art and therefore falls under the free speech clause of the first amendment to the constitution. 

Yesh, it seems like a stretch doesn't it. Although, one supposes it isn't any more of a stretch than the premise of Smith's suit in the first place. You see 303 Creative has never been contacted by a gay couple, who wanted, or needed their services. Lorie Smith's grievance isn't a real thing at all, This great fear of dealing with gays is simply in her head--a complete hypothetical. 

In short Ms. Smith wanted to hang a virtual sign in her store window which reads, "No Queers Allowed," but, before she did she needed to make sure no one could sue her ass because of it.

She and her lawyers picked the right court to make it happen. We know at least one third of the conservative super majority is bought and paid for by radical right billionaires. Both Clarence Thomas and Sam Alito are fully owned subsidiaries of Harlan Crow and Paul Singer. respectively There is also some inconclusive evidence Brent Kavanaugh has received iffy financial aid in order to pay off old debts.  

Both Kavanaugh and Thomas have histories of questionable sexual behavior. During Kavanaugh's confirmation he was accused of rape. During the Thomas confirmation law Professor, Anita Hill accused the future justice of repeatedly making unwanted advances. Both survived thanks to the GOP's unquenchable thirst for right wing judicial power. Morality, be it based in Christianity, or other faiths, takes a dim view of rape and sexual harassment. None of that came into play for the republican majority during either hearing.    

Neil Gorsuch, a Donald Trump devotee wrote the majority opinion for the decision. According to the Justice, the first amendment prohibits the state, or anyone else from, "...forcing a website designer ta create expressive designs speaking messages which the designer disagrees." He also wrote the constitution protects a person's free speech, "Regardless whether the government considers the speech sensible and well intentioned, or deeply misguided." 

So they can say what they want, but you don't have to write it down for them, no matter what your ad says you do for a living.

All of which is nice, but avoids the real issue at hand, which is no one fucking asked Lorie Smith to create anything she disagreed with. in the first place. Her lawyers and six members of the Supreme Court just wanted to make sure she and anyone else in this land of freedom and opportunity can discriminate against whoever they want, so long as it is in the name of their God. 

Next stop Muslims. You can count on it.

7-2-23