free speech vs gay right

The arguments in the case of a graphic designer who refused to develop wedding websites for same-sex couples were heard by the Supreme Court of the United States. It is the most recent case to make its way to the highest court in the land that puts free speech rights against regulations that prohibit discrimination.

Because of her Christian beliefs, Lorie Smith, who is from Colorado, maintains that she is unable to provide her services to couples of the same sexual orientation. However, this might be in violation of a state statute that makes it illegal for businesses to refuse service based on the sexual orientation of the customer. The majority of states in the United States have passed legislation that is intended to combat prejudice. Read on for further explanation.

Ms Smith and Freedom of Speech

ms smith and freedom of speech

Ms Smith, 38, has argued Colorado’s public accommodation law violates her First Amendment right to free speech, as the state would be forcing her to express a message she does not agree with. “If the government can censor and compel my speech, it can censor and compel anybody’s speech,” she told CBS News before arguments began on Monday. “We should all be free to live and work consistently with our deeply held beliefs.”

The graphic designer and her supporters argue that ruling against her could force artists to do work that is against their faith. Her opponents, however, argue that a victory for Ms Smith could pave the way for businesses around the country to discriminate against customers for a variety of reasons such as religion, ethnicity or national origin. The conservative-leaning court must now decide whether Colorado’s enforcement of the law violates the free speech clauses of the First Amendment.

More To Read- Supreme Court Refuses To Block California’s Ban On Flavoured Tobacco

Two Sides & Consequences

free speech and gay right

People who argue that the government shouldn’t make individuals compromise their morals in order to make a living are on one side of the debate. On the other side are individuals and couples of the same sex who assert their right to equal treatment from publicly accessible companies. The court’s decision, according to both sides, might have significant repercussions for many reasons.

According to Ms. Smith’s supporters, if the state won the case, the government would be able to compel artists of all stripes to express ideas that go against their personal convictions. Her opponents claim that a decision in her favour would invalidate anti-discrimination legislation and permit businesses that engage in free speech to refuse service to groups like Black people or Muslims on the basis of abhorrent but true convictions.

Designer will Serve Gay People !!

designer serve gay people

The conservative justices are aware that it would be unprofessional and immoral to make a ruling that would allow corporations to be exempt from civil rights laws. They also wish to stay away from the core problem. Thus, conservatives kept making the comparison between the designer and any other artist, claiming that their right to free speech would prevail over anti-discrimination laws.

They used Lin-Manuel Miranda’s Hamilton as an illustration of a programme that may legitimately use a preference for performers of race in its casting. The problem is that casting a Broadway musical is not speech protected by the First Amendment because it is not a public accommodation that would fall under civil rights law.

Thus, the court’s conservatives increased their reliance on a distinction between speech and status that is extraordinarily challenging to draw in practical situations. They contended that the First Amendment protects the business owner’s ability to communicate her ideas even though it is illegal for a business to discriminate against a customer based on their status. According to Justice Neil Gorsuch, the designer will work with LGBT individuals, but she won’t create wedding gowns for them.

Read More- High Court To Rule On Biden’s Student Loan Cancellation Plan

Justices Makes This Clear

supreme court over free speech and gay rights

The judges made it clear that they all intended to draw a distinction between the designer’s speech, which the First Amendment protects, and discrimination based on the status of the buyers, which Colorado may punish. In reality, though, both liberals and conservatives were frustrated by how difficult it was to establish this border. The conservative majority, which will attempt to create a differentiation based on the degree of customisation of the service, is likely to dictate the outcome; liberals will judge this approach inadequate.

This problem has been brought before the court before. The Colorado anti-discrimination legislation was challenged in 2018 by a wedding cake baker who claimed his creations were works of art, but the court has previously found ways to avoid it. Rather than focusing on the crucial question of how the baker was treating his customers, Justice Anthony Kennedy at that time managed to end the case by highlighting how the state handled the baker. The main problem is challenging both in theory and in reality. For more latest update please visit our website- TrendingWork


  • Hrithik Fernandez

    Hrithik Fernandez Here, I moved from Srilanka and now am a resident of United States. I am currently an editor and have been in the teaching field for many years. I love meeting new people and getting to know them on a personal level. My skills include data science and I am a hard worker.

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