Opinion: Colorado’s anti-discrimination case, 303 Creative, was a sham and Gorsuch fell for it

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Opinion: Colorado’s anti-discrimination case, 303 Creative, was a sham and Gorsuch fell for it
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'We are headed back to a past where women didn’t have a right to control their reproduction; a past where discrimination based on race, gender, and sexuality was rampant; and a past where questions of ethics were often ignored even in the judiciary.'

| Columnist for The Denver PostAfter this Supreme Court term, there can be little doubt that its 6-member conservative supermajority is using its power to travel backward in time to our less enlightened past.

And, if that wasn’t enough, the Court gave businesses the right to future shame members of protected classes by posting a notice that says things like, “no wedding websites will be sold if they will be used for gay marriages”. Adding insult to hypothetical injury, Smith claimed in her legal filings that a gay man named Stewart contacted her in September 2016 about his wedding to Mike “early next year.” In a February 2017 filing, Smith revealed that though she did not need a request to pursue the case, she had, in fact, received one. An appendix to the filing included a website request form submitted by Stewart on Sept. 21, 2016, a few days after the lawsuit was filed. It also included a Feb.

The Court nevertheless chose this fake “case” to dismantle public accommodation laws that are deeply rooted in our nation’s history. After the Civil War, states began enacting laws guaranteeing access to public accommodations regardless of race or color. Colorado passed its first public accommodations law in 1885, less than a decade after it achieved statehood. In the decades that have followed, states like Colorado continued to broaden these laws.

Colorado’s public accommodations law was amended later to prohibit discrimination based on other protected characteristics, including sexual orientation. More than 20 states have antidiscrimination laws like Colorado’s.

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