For nearly three decades, the court has expanded the rights of LGBTQ people, most notably giving same-sex couples the right to marry in 2015 and announcing five years later in a decision written by Gorsuch that a landmark civil rights law also protects gay, lesbian and transgender people from employment discrimination. The decision is also a retreat on gay rights for the court. And on Thursday the court in a unanimous decision used the case of a Christian mail carrier who did not want to deliver Amazon packages on Sundays to solidify protections for workers who ask for religious accommodations.
Last year, for example, the court ruled along ideological lines for a football coach who prayed on the field at his public high school after games.
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The decision is a win for religious rights and one in a series of cases in recent years in which the justices have sided with religious plaintiffs. Justice Neil Gorsuch wrote for the court’s six conservative justices that the First Amendment “envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands.” Gorsuch said the court has long held that “the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong.” Supreme Court rejects novel legislative theory but leaves a door open for 2024 election challenges But that’s different from other businesses not engaged in speech and therefore not covered by the First Amendment, such as restaurants and hotels. The decision suggests that artists, photographers, videographers and writers are among those who can refuse to offer what the court called expressive services if doing so would run contrary to their beliefs. The court said forcing her to create the websites would violate her free speech rights under the Constitution’s First Amendment. The court ruled 6-3 for designer Lorie Smith, saying she can refuse to design websites for same-sex weddings despite a Colorado law that bars discrimination based on sexual orientation, race, gender and other characteristics. One of the court’s liberal justices wrote in a dissent that the decision’s effect is to “mark gays and lesbians for second-class status” and that the decision opens the door to other discrimination. WASHINGTON (AP) - In a defeat for gay rights, the Supreme Court’s conservative majority ruled on Friday that a Christian graphic artist who wants to design wedding websites can refuse to work with same-sex couples.
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