Anthony Michael Kreis, assistant professor of law at Georgia State University, said “90%, 95% of the kind of ordinary public accommodations, commercial transactions that people have, will remain untouched.” He used as examples sandwich shops, mechanics and hotels, where he said “there’s no expressive content.”
“If you’re talking about goods that are so-called off-the shelf, if you had a premade T-shirt, then nondiscrimination laws apply as they usually do, and a shop owner has to sell that T-shirt to anyone,” Hawley said. “On the other hand, if a T-shirt owner, or shop owner, is creating a message, then that’s where the First Amendment applies and says that the government cannot force someone to say a speech-specific message that they disagree with.
She added that the court’s “sweeping” decision uses the First Amendment to “override what is a democratically determined set of rights for LGBT people, but for a larger class than that as well.” Georgetown University law professor Paul Smith — who argued the landmark Supreme Court case Lawrence v. Texas, which found sodomy laws unconstitutional in 2003 — predicted that freedom of association claims are where future lawsuits on this issue will arise.
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