'If the judicial branch insists on replacing constitutional justifications with Christian nationalist arguments, we must turn back to the legislative branch for redress.'
The U.S. Supreme Court went after reproductive autonomy in Dobbs v. Jackson Women's Health Organization, and based on recent oral arguments affirmative action could be next on the chopping block. But there's another landmark case being heard this month that also deserves our attention for its potential to not only roll back anti-discrimination protections for millions of LGBTQ+ Americans but also gut civil rights laws nationwide.
On Dec. 5, the court will hear oral arguments in 303 Creative LLC v. Elenis to decide whether a Colorado web designer, Lorie Smith, has a free speech right to refuse to make websites for same-sex couples and post a"straights only" policy on her website. If that sounds familiar, it's because five years ago, the court heard Masterpiece Cakeshop v.
It is not an overstatement to say that 303 Creative has the potential to snowball into one of the most sweeping rollbacks of fundamental civil rights protections in American history. If the Supreme Court accepts Smith's arguments, it will essentially greenlight discrimination against entire groups of people that a business owner may find objectionable and prevent the government from intervening.
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