OPINION: Let’s not allow those who want to take away our rights define this as a big victory for family values. Let’s frame it exactly as the Supreme Court has: as about free speech and nothing more.
If you see a distinction there, then the Court’s opinion makes sense. If you don’t, then it’s preposterous.
But Justice Sonia Sotomayor, in her dissent, completely refuses this framing. The designer is “a business open to the public seek[ing] to deny gay and lesbian customers the full and equal enjoyment of its services.” Full and equal enjoyment—meaning, I as a gay person get to utilize those services the same way a straight person does. That makes this case about what, in legal terms, is known as “public accommodations” because there’s no distinction between status and conduct.
Moreover, Justice Sotomayor continued, Smith isn’t just saying she personally won’t type the words for a website. She’s saying that her for-profit company, 303 Creative, wants to publicly advertise their services to everyone, but then withhold them categorically from all gay customers. Which, obviously, is how this opinion will be received. No doubt, the GOP presidential candidates will praise it in their press releases. No doubt, it will be perceived as part of the widespread backlash against LGBTQ equality, and will pave the way for future decisions that expand this right. Everybody knows this. It’s how the Supreme Court functions in our society.
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