As the country was still reeling from that inequity and muttering,
"This is not America," the corrupt Court handed down a decision in 303
CREATIVE V ELENIS. This decision they handed down also was
segregation. Mark Joseph Stern (SLATE) recapped the ruling:
On Friday, the Supreme Court dealt a devastating blow to LGBTQ+ nondiscrimination laws, carving out a First Amendment exception any time a law “compels” a business to “express” a message about sexual orientation with which it disagrees. In the words of Justice Sonia Sotomayor’s dissent, the opinion “is, quite literally, a notice that reads: ‘Some services may be denied to same-sex couples.’ ”
The case, 303 Creative v. Elenis, was manufactured by the Alliance Defending Freedom, a Christian law firm that opposes LGBTQ+ equality in all walks of life. 303 Creative is a for-profit Colorado business owned and operated by Lorie Smith, who opposes same-sex marriage. No same-sex couple has ever tried to hire Lorie Smith to create a website for their wedding. Represented by ADF, however, she filed a preemptive lawsuit demanding a First Amendment right to turn away any same-sex couples who request a wedding website. So the case is built entirely on hypotheticals, and there is no real record to speak of.
Justice Neil Gorsuch’s 6–3 opinion for the court got around this problem by insisting that Smith faces a “credible threat of enforcement” because Colorado acknowledges that it will enforce its civil rights law. He went on to declare that “Colorado seeks to compel speech Ms. Smith does not wish to provide,” speech that would be “celebrating marriages”—those of same-sex couples—of which she does not approve.
The Center for Constitutional Rights pointed out, "Together with yesterday’s decision
invalidating affirmative action, this ruling lays bare the values of
this Court. In six justices’ view, the Constitution says it is just fine
for a business to exclude someone on the basis of their protected status (LGBTQI+), but it is unconstitutional for a university to include
someone on the basis of their protected status (race). This is bigotry
masquerading as law. And, in so ruling again, this Court continues to
advance a Jim Crow jurisprudence in which the white, male, Christian
insider’s freedom is made meaningful only through the subjugation of
vulnerable populations. For this conservative movement, as for John
Calhoun or George Wallace, discrimination fuels their feelings of
freedom. These six individuals somehow retain the power to impose their
18th Century values on a democratic majority that believes in equality
and fairness. The Court has little legitimacy left."
It did a lot worse than that.
We now, again, have two legal classes of citizenship. The Civil Rights Movement did a great deal to end that system -- a system enshrined by a racist Supreme Court in decisions such as 1896's PLESSY V FERGUSON -- which ruled barring equal access was not discriminating against Black people as long as they had access to something similar -- it was 'separate but equal' -- a laughable concept then and now.
LGBTQ+ persons -- and this can be expanded out to other groups, grasp that, this Court is just getting started -- are not full citizens anymore. Full citizens have legal protections and rights. Period. No question mark, no qualifier. A gay man now? He has legal protections and rights as long as it doesn't offended some religious nut.
Clue to the Court: Freedom of religion means the rest of us don't have to suffer from your religious delusions that call for hatred and discrimination.
Supreme Court Justice Neil Gorsuch, writing for the majority, agreed: First Amendment free speech means that law may not “compel an individual to create speech she does not believe.”
He relied on a 1943 case holding that schoolchildren could not be compelled to say the Pledge of Allegiance, in which the court said that “no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.”
The analogy is strained. The children could not possibly avoid the compulsion to say the pledge, but no one is required by law to operate a business that is open to the public. Now, however, some of those businesses can discriminate against potential customers or clients. Which ones? It depends on how expressive they are. How can courts decide that? Where is the line?
Faced with what he called a “sea of hypotheticals about photographers, stationers, and others,” Gorsuch conceded that “determining what qualifies as expressive activity protected by the First Amendment can sometimes raise difficult questions.”
But, he wrote, no one disputes — indeed, the parties stipulated — that “Ms. Smith seeks to engage in expressive activity.” But everything humans do expresses something. In an earlier case, Masterpiece Cakeshop v. Colorado, Gorsuch joined an opinion by Justice Clarence Thomas saying that food preparation (selling a wedding cake) was sufficiently expressive that the seller had a right to discriminate.
Justice Sonia Sotomayor wrote in her dissent that “A website designer could equally refuse to create a wedding website for an interracial couple. … A stationer could refuse to sell a birth announcement for a disabled couple because she opposes their having a child. A large retail store could reserve its family portrait services for ‘traditional’ families. And so on.”
Gorsuch doesn’t respond. It will take years of litigation to find out what “expressive” means. The fact that the parties stipulated that one business is expressive does not entail that “expressiveness” is a workable test for courts. What if the parties had stipulated that some websites are blessed by angels?
The left was fleeing USEFUL IDIOTS. Original co-host Matt Taibbi is now an exposed transphobe. And Aaron and Katie? They don't cover LGBTQ+ issues. They hang out with Matt and with Glenneth. People started putting two and two together and coming up with: Whore.
Friday, Mike said to us, "A politician is just a whore without the desire to please a customer." We told him that was funny and congratulated him on it. He replied he was quoting us. We wrote it in 2012, the day after the presidential election.
Let us expand on that to now include YOUTUBERs as well. They love to beg for money, they just don't like to work.
Katie and Aaron waste everyone's time pretending they have something to say each Monday as the trot out the same old tired nonsense of how they watch the Sunday chat & chews so you don't have to. That was maybe funny 18 years ago. It's not now. And the reality is, you're not watching them for anyone but yourself. If someone wants to watch, for example, MEET THE PRESS, they're going to watch it. You're not saving anyone anything.
But, hey, whores have to claim they're a great lay, right? Otherwise, how would they stay in business?
Katie has two platforms: THE KATIE HALPER SHOW and USEFUL IDIOTS. She's made clear that abortion really isn't an issue to her on either. She's made clear that the LGBTQ+ community does not exist in her eyes. She's made clear that she doesn't want to talk to women. So what if they make up 50.4% of the US population, she's only got time for them to be on 3% of her episodes.
She was never a feminist.
Last Friday, she finally stepped out of her Phyllis Schlafly closet.
She needs to be her true self because she's got nothing else.
ROLLING STONE isn't hiring her back. THE HILL fired her as well. JACOBIN hasn't been interested in her since the whole explosion that saw Katie's former co-host of THE KATIE HALPER SHOW abandon ship and stick with JACOBIN RADIO, USEFUL IDIOTS is sinking in streams . . . Professionally, she's become the daughter her father can't marry off.
At last, some symmetry between her work life and her personal life.
“The U.S. Supreme Court’s decision in 303 Creative, Inc. v. Elenis comes at a time when numerous states across the country have newly passed laws denying rights to LGBTQIA+ community members and when LGBTQIA+ individuals continue to face violence and hate in our communities.
"In Minnesota, we are not in the business of creating second-class community members. That principle is as true today as it was yesterday.The Minnesota Department of Human Rights affirms that freedom from discrimination is a civil right. In the weeks and months ahead, our Department will determine how to continue to uphold this essential value consistent with the new precedent from the U.S. Supreme Court.”
Here's C.I.'s "Iraq snapshot:"
Since the US Supreme Court’s Dobbs decision 13 months ago, which overturned Roe v. Wade and deprived women of the constitutional right to access abortion, the ultra-right majority on the court has engaged in a rampage against basic democratic rights and the social rights of the working class.
This culminated Friday in two decisions with the same 6-3 split among the justices: to declare unconstitutional the Biden administration’s limited reduction of student loan debt owed to the US government; and to endorse the “right” of a commercial web designer to refuse to create materials for the wedding of a gay couple.
The class character of the first decision is obvious: an executive action by the federal government to bail out wealthy bank depositors is constitutional, but not a limited action to help debt-burdened students. The second decision destroys a constitutional right to be free of discrimination, while paying lip service to the First Amendment. The court declares that the web designer can justify her bigotry on the basis of “freedom of religion.”
WASHINGTON - The Supreme Court this morning issued its ruling in 303 Creative v. Elenis. David Cole, Legal Director for the American Civil Liberties Union, offered the following response:
“The Supreme Court held today for the first time that a business offering customized expressive services has the right to violate state laws prohibiting such businesses from discrimination in sales. The Court’s decision opens the door to any business that claims to provide customized services to discriminate against historically-marginalized groups. The decision is fundamentally misguided. We will continue to fight to defend laws against discrimination from those who seek a license to discriminate.”
The American Civil Liberties Union and the ACLU of Colorado filed an amicus brief urging the Supreme Court to reject the First Amendment challenge to a Colorado civil rights law requiring businesses open to the public to treat customers equally.
June 30, 2023 - In response to the Supreme Court ruling that businesses may deny services to LGBTQI+ people, the Center for Constitutional Rights released the following statement:
Today, in its latest display of its political activism, the Supreme Court sanctioned discrimination by giving businesses that engage in "expressive conduct" a license to deny services to LGBTQI+ people. We have known for a long time that in the eyes of the Court, there are only two Constitutional rights that matter: the First Amendment right to religious expression and the Second Amendment right to bear arms. Nonetheless, today’s decision was crushing. It deals another blow to a community already under attack in legislatures across the country, by the very same movement that claims the allegiance of six justices on the Supreme Court.
Public accommodations laws regulate what businesses must do, not what they must think, if they seek the public benefit of accessing the public marketplace. Such nondiscrimination laws, like the one in Colorado, are designed to ensure that LGBTQI+ people can freely shop for services like everyone else, rather than being required to shop for businesses that don’t discriminate against them. The right-wing justices have once again signaled that their mission is to dismantle laws that protect marginalized communities and to use the law to back punitive and exclusionary social hierarchies. As Justice Sotomayor lays out in the dissent, “[t]hose who would subordinate LGBT[QI+] people have often done so with the backing of law.”
In this case, the Court was so determined to carry out its mission that it bypassed Constitutional requirements of standing by weighing in on an imaginary dispute concocted by conservative legal activists and issuing an advisory opinion, so that they could legislate policy.
The Religious Liberty Clauses of the First Amendment have been historically used to protect minority religions against discrimination by majoritarian orthodoxy and to advance a pluralistic, egalitarian democracy. It is thus especially perverse that this Court would delight in producing the exact opposite, anti-democratic result: granting orthodox Christianity an imagined constitutional freedom to discriminate against the minority LGBTQI+ community. And, as Justice Sotomayor emphasized, the decision is not limited; it could give license for businesses to discriminate against interracial couples because of the (pervasive) extremist-evangelicalist commitment to segregation.
Together with yesterday’s decision invalidating affirmative action, this ruling lays bare the values of this Court. In six justices’ view, the Constitution says it is just fine for a business to exclude someone on the basis of their protected status (LGBTQI+), but it is unconstitutional for a university to include someone on the basis of their protected status (race). This is bigotry masquerading as law. And, in so ruling again, this Court continues to advance a Jim Crow jurisprudence in which the white, male, Christian insider’s freedom is made meaningful only through the subjugation of vulnerable populations. For this conservative movement, as for John Calhoun or George Wallace, discrimination fuels their feelings of freedom. These six individuals somehow retain the power to impose their 18th Century values on a democratic majority that believes in equality and fairness. The Court has little legitimacy left.
We reject these cruel and unlawful decisions, and the cowardly attempts by a right-wing movement to wield the Constitution to protect white power and deny the human rights of the multitude. But human rights cannot be suspended by reactionaries in robes. And they cannot be secured by even enlightened court rulings. If there is solace to be found today, it is in the knowledge that that task before us is the same as it was yesterday: to resist, organize, and unite. Our potential collective power, and only that, offers hope of liberation and full human dignity for LGBTQI+ people and other marginalized communities.
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