A crucifix in front of the U.S. Supreme Court. Photo: Shutterstock
By John Gallagher, LGBTQ Nation, July 5, 2023
The Supreme Court’s 6-3 decision to allow a homophobic website designer to discriminate against gay couples because it violated her faith was hardly a surprise. The conservative majority on the Court has made it loud and clear that its role is to fulfill the fantasies of the right. It may draw the line at some of the wilder dreams, like the idea that legislatures can overturn popular votes, but on core beliefs it has been extraordinarily consistent. The decision last year to overturn five decades of precedent allowing abortion removed any doubt.
Still, the decision in 303 Creative LLC v. Elenis is shocking for its unalloyed willingness to discount LGBTQ+ protections and even mock the Court’s minority’s vigorous defense of them. In his majority opinion, Justice Neil Gorsuch has picked up some of Justice Samuel Alito’s sneer as he chastises fellow Justice Sonia Sotomayor, the author of the dissent, for engaging in “an unfortunate tendency by some to defend First Amendment values only when they find the speaker’s message sympathetic.”
While the full impact of the decision will take a while to unfold, some things are already clear. Here are five takeaways from the decision.
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