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The Latest Breaking News from Lorie Smith

Expressive Discrimination: Universities' First Amendment Right to Affirmative Action — Part 1

Maybe some universities can continue to do race-based affirmative action, even after SFFA v. Harvard.

Reason

Further Thoughts on Standing and the 303 Creative v Elenis case

The Court's decision in this case is likely to make a mess of standing doctrine for a long time

Reason

District Court Judgment in 303 Creative v. Elenis (the Wedding Web Site Design Case)

Following the Supreme Court's remand to the Tenth Circuit, which in turn led to the remand to district court, Chief Judge Philip Brimmer (D. Colo.) rendered the following order Tuesday: It is ORDERED that plaintiffs are the prevailing parties in this action under 42 U.S.C. § 1988(b). Plaintiffs and their…

Reason

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The First Amendment Right to Affirmative Action

How private universities can use Boy Scouts v. Dale to get out from under Students for Fair Admissions

Reason

My Emory Law op-ed on 303 Creative LLC v. Elenis

More on an important free-speech case from the recent Supreme Court Term

Reason

Did Factual Revelations Undermine 303 Creative?

Recent reporting doesn't materially undermine, and could even strengthen, the case for standing.

Reason

Was There Standing in 303 Creative?

The Court had ample reason to find a "credible threat" of enforcement, consistent with existing case law.

Reason

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From Prof. Richard Re: The Remarkable Discourse on 303 Creative

Is the legal left beginning to adopt a hawkish attitude toward standing?

Reason

SCOTUS' Ruling in Gay Wedding Website Case Was a Defeat for Compelled Speech

"The opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties," Justice Neil Gorsuch wrote in the majority opinion.

Reason

Woman in anti-LGBTQ+ supreme court case did make wedding site after all, report says

Lorie Smith had argued her right to free speech regarding her opposition to same-sex marriage was ‘chilled’ by Colorado’s law

The Guardian - US

More on Standing in the 303 Creative Case

A response to my critique of the Court's new standing jurisprudence.

Reason

Robin Abcarian: How the ripple effect of the Supreme Court's 303 Creative decision could swamp civil rights

Now that the legal door has been opened to anti-LGBTQ+ bigots or racists, there's just no telling how far the Supreme Court's license to discriminate will go.

Los Angeles Times

Case or Controversy Requirement? What Case or Controversy Requirement?

The Supreme Court's misguided decision to grant Lorie Smith standing to pursue her entirely hypothetical claim against the State of Colorado in the web designer case.

Reason

Could a ‘fake’ same-sex couple force the Supreme Court to revisit a case targeting LGBT+ rights?

It’s unlikely, but critics continue to question the outcome of a case that could have wider consequences for discrimination protections, pointing to a growing mystery surrounding an apparently fabricated statement in the middle of it, Alex Woodward reports

The Independent UK

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Chicago Sun-Times

Supreme Court opens the door to gut civil rights, fair housing laws

Substitute “African American” for “LGBT+” in the case of Colorado web designer Lorie Smith, and you’ve got a return to the bad old days of Jim Crow when so many alleged Christians insisted their religion required separation of the races, a lawyer writes.

Los Angeles Times

Commentary: With its 303 Creative decision, the Supreme Court opens the door to discrimination

On the final day of Pride Month, the Supreme Court delivered a blow to gay rights. In 303 Creative vs. Elenis, the conservative supermajority on the court ruled, 6-3, that a web design company could deny its wedding website services to same-sex couples. For the first time in our history,…

Zenger

U.S. Supreme Court Protects Christian Designer’s Religious Freedom In Website Case

Colorado anti-discrimination law challenged as court rules against compelling speech.

The Independent UK

Legitimacy of 'customer' in Supreme Court gay rights case raises ethical, legal flags

A Christian graphic artist who the Supreme Court said can refuse to make wedding websites for gay couples pointed during her lawsuit to a request from a man named “Stewart” and his husband-to-be

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Salon

Experts on fate of "made-up" SCOTUS case

Professors push back on ex-solicitor general's claim that SCOTUS can be compelled to reexamine 303 Creative case

Reason

What Will 303 Creative Mean for Social Media Regulation?

If you can't force a web designer to serve a gay wedding, can you force a web platform to serve a politician?

The Conversation

The Colorado website designer's win is one of dozens of federal cases where religious beliefs and LGBTQ+ rights have clashed – and the pattern might not be what you think

Does a Colorado designer’s belief that marriage is between one man and one woman merit an exemption to state law barring discrimination against LGBTQ+ people? On June 30, 2023, the Supreme Court decided 6-3 that the answer is yes: Requiring a conservative Christian business owner to create wedding websites for…

Salon

Fraud justice: SCOTUS duped by fake case

Far-right lawyers created a phony "victim" in made-up case — and the justice with the stolen seat wrote the opinion

WEKU

Designer in Supreme Court ruling cited client who denies making wedding site request

A Colorado web designer who the U.S. Supreme Court ruled Friday could refuse to make wedding websites for gay couples cited a request from a man who says he never asked to work with her.

Chicago Sun-Times

Supreme Court deals a blow to student loan borrowers, LGBTQ rights

The court’s conservative majority struck down President Joe Biden’s student loan forgiveness plan and in a far more egregious decision, sided with a graphic designer who wants to refuse service to the LGBTQ community.

The Conversation

A business can decline service based on its beliefs, Supreme Court rules – but what will this look like in practice?

At issue in one of this year’s most highly anticipated Supreme Court cases, 303 Creative v. Elenis, was what happens when someone’s free speech or beliefs conflict with others’ rights. Specifically, 303 Creative addressed whether a Colorado anti-discrimination law can require a designer who believes marriage is only between a…

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