Deciding

The US Supreme Court heard arguments this week in a case that could effect many businesses and customers. It’s called 303 Creative LLC v. Elenis. Lorie Smith, a website designer in Colorado wants to expand her business to include wedding websites. Smith is a devout Christian and doesn’t want to do business with LGBTQ customers who engage in same sex marriage. Colorado law prohibits most businesses from discriminating against that community. Smith claims forcing her to do business with these customers violates her right to free speech. Liberal Justice Sonya Sotomayor argued that a ruling in favor of Smith would be the first time the Supreme Court had ruled that “commercial businesses could refuse to serve a customer based on race, sex, religion, or sexual orientation.” Chief Justice John Roberts said the court has never approved efforts to compel speech contrary to the speaker’s belief. The five conservatives on the court gave impression they were leaning toward ruling for Smith. Not a surprise.

There were arguments by Smith’s lawyer and Colorado’s Solicitor General about how far the right to free speech goes. Solicitor General Eric Olsen said the public accommodation law requires businesses serve everyone. It targets sales, not the speakers’s message. A store that sells Catholic themed items can’t refuse to sell them to Jews or Muslims. Olsen warned a ruling for Smith could be used to allow businesses to use racist, sexist, and bigoted claims in refusing to do businesses with customers. Suppose someone didn’t believe in inter-racial marriage could they refuse service to such a couple? Smith’s lawyer Kristen Waggoner argued Smith would be forced to create a message she believes to be false. Many of us thought this type of discrimination was long behind us. If we don’t protect our rights and freedoms they can be taken away depending on who we trust.

This court has shown that it’s willing to take away long established rights to comply with their conservative right wing views of American rights and freedoms. There is no bigger example than the reversal of Roe v. Wade earlier their year. There is another case to be heard this year which I’ve written about before. The North Carolina case Moore v. Harper. It’s brought by Republican legislators. If they win, it would allow state legislators independent power over federal elections with no state court review. It would allow the party in power to gerrymander districts in their favor without court oversight. This is called independent state legislature doctrine, and it’s dangerous.

Elections have consequences. When we elect presidents and senators, they have the power to not only fill the Supreme Court with extreme conservatives, but hundreds of federal court judgeships with lifetime appointments. A large part of their legacy are these appointments that effect our lives for years after they are gone. Former president and Supreme Court Chief Justice William Taft said, “Presidents come and go, but the Supreme Court goes on forever”. Taft knew that better than anyone. He was the only man to hold those two positions. The right of free speech and protection from discrimination are at the heart of our democracy. When they conflict, we need to trust those making the decisions.