The US Supreme Court has handed down a landmark decision ruling that artistic based businesses can refuse service to same-sex couples on the basis of religious beliefs.
The decision was in relation to a website designer who wanted permission to refuse to make websites for same-sex couples because of her opposition to same-sex marriage.
Lorie Smith, an evangelical Christian from Colorado, asked the court to rule on the scenario, even though there is the suggestion that nobody has ever asked her to make a website relating to a same-sex marriage.
In the ruling the Supreme Court said artists cannot be compelled to express messages against their religious beliefs. The court’s six conservative judges ruled in favour of the case, while the three liberal judges voted against the proposal.
The ruling says that America’s First Amendment, which protects free speech, blocks a state law which says businesses cannot discriminate against people on the basis of sexuality.
“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.” wrote Justice Neil Gorsuch in the decision.
Justice Sonia Sotomayor, who authored the dissenting opinion from the three judges who disagreed with the ruling, said it was a sad day.
“Today, the court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class.” Justice Sotomayor said.
“Today is a sad day in American constitutional law and in the lives of LGBT people.”
The decision has been criticised by US President Joe Biden who said he feared it would weaken long-standing laws and invite more discrimination.
“In America, no person should face discrimination simply because of who they are or who they love,” President Biden said in a statement.
Vice President Kamala Harris echoed his concern.
“On the last day of Pride Month, the Supreme Court has paved the way for businesses across our nation to discriminate in the name of “free expression”—against the LGBTQI+ community, racial and religious minorities, the disability community, and women.
“At a time when we celebrate hard-won advancements in LGBTQI+ rights, this decision threatens future progress. President Biden and I will continue to rigorously enforce federal anti-discrimination protections and fight for the right of all people to participate equally in our society. And as a crucial part of that fight, we continue to call on Congress to pass the Equality Act.” Harris said.
The decision was one of several significant rulings handed down by the court in recent days.
In recent years the make-up of the court has changed dramatically with conservative judges making up the majority of the appointments.
Several vacancies emerged under the presidency of Donald Trump with the death of Justices Ruth Bader Ginsberg and Antonin Scalia, and the retirement of Justice Anthony Kennedy. Under the Trump administration conservatives Brett Kavanaugh, Amy Coney Barrett and Neil Gorsuch were appointed to the court.
The court also ruled against the long-standing practice of affirmative action in college admissions, and blocked President Biden’s attempt to forgive $400 billion in outstanding student debt in an attempt to ease the financial stress on lower and middle-class Americans. The decisions came one year after the court overturned the Roe vs Wade decision that allowed access to abortion services across.
Sarah Kate Ellis, the President and CEO of GLAAD said today’s the decision showed the court was out of touch with everyday Americans.
“This decision will bring harm and stigma to LGBTQ families and is yet another example of a Court that is out of touch with the supermajority of Americans who believe in fundamental freedoms and know that discrimination is wrong.
“Businesses that are open to the public should serve all in the public. Not one LGBTQ couple sought the business’ services so this case is a massive abuse of the judicial system and part of a coordinated effort for groups like the Alliance Defending Freedom to leverage corrupt extremist justices to roll back rights of marginalized Americans.
“The decision does not reflect a country that supports LGBTQ people and recognizes that our relationships are equal, valid and valued.”
Ellis cited research that shows that 91 per cent of non-LGBTIQ Americans agree that LGBTQ people should have the freedom to live their life and not be discriminated against. The figure is from the organisation’s Accelerating Acceptance Study released at the beginning of June.
OIP Staff
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