US top court ruling allows person to refuse to provide services for same-sex weddings

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The case pitted the right of LGBTQ+ people to seek goods and services from businesses without discrimination, against free speech rights

In a blow to LGBTQ+ rights, the US Supreme Court on Friday ruled that the constitutional right to free speech allows certain businesses to refuse to provide services for same-sex weddings, ruling in favour of a web designer who cited her Christian beliefs in challenging a Colorado anti-discrimination law.

“The First Amendment envisions the US as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands,” Gorsuch wrote. The court has a 6-3 conservative majority. During oral arguments in the case in December, the liberal justices said a decision favouring Smith could empower certain businesses to discriminate.

Public accommodations laws exist in many states, banning discrimination in areas such as housing, hotels, retail businesses, restaurants and educational institutions. Colorado first enacted one in 1885. Its current Anti-Discrimination Act bars businesses open to the public from denying goods or services to people because of race, gender, sexual orientation, religion and certain other characteristics.

Smith said in 2022, “My faith has taught me to love everyone, and that's why I work with everyone through my business. But that also means I can't create every message.”

 

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