Posted on 07/30/2021 6:45:22 PM PDT by marshmallow
In 303 Creative LLC v. Elenis, (10th Cir., July 26, 2021), the U.S. 10th Circuit Court of Appeals upheld the application of Colorado's Anti-Discrimination Act to a wedding website design company whose owner for religious reasons refuses to create websites that celebrate same-sex marriages. The Act bars refusing services because of a customer's sexual orientation and publishing any communication that indicates such discriminatory practices. The majority conceded that the law compelled speech and acted as a content-based restriction. However the majority found that it nevertheless was constitutional because it was narrowly tailored to further a compelling state interest. The majority said in part:
Here, Colorado has a compelling interest in protecting both the dignity interests of members of marginalized groups and their material interests in accessing the commercial marketplace....
To be clear, we, like the Dissent, do not question Appellants’ “sincere religious beliefs” or “good faith.”... Yet, we fail to see how Appellants’ sincerity or good faith should excuse them from CADA. Appellants’ intent has no bearing on whether, as a consequence, same-sex couples have limited access to goods or services....
The Communication Clause does not violate the Appellants’ Free Speech rights. As the district court correctly held, Colorado may prohibit speech that promotes unlawful activity, including unlawful discrimination....
(Excerpt) Read more at religionclause.blogspot.com ...
Sodomy is not, IMO, a compelling state interest.
I don’t know why they don’t just design something ugly and when the people complain just say you can’t turn on creativity.
Can Colorado’s law be applied to Twitter/Google/FaceBook discrimination against conservative posters?
If they complain sue them because they offended you and ruthlesly hurt your feelings by being critical of your art you worked so hard on for them.
Ie mount a woman defense against them. Most gynocourts today are sympathetic to these types of arguments.
The legal existence of Western states is as far as I know is conditioned on “perfect religious freedom” as part of Congressional state creation acts.
I suggest asking the Supreme Court to void the legal existence of all states in violation of their ‘perfect religious freedom’ requirement from the date of violation.
Their senators - gone!
Their representatives in the House - gone!
Their electors for Biden - zilch!
“Colorado may prohibit speech that promotes unlawful activity, including unlawful discrimination....”
The State of Colorado is a federal creation and should be fully bound by Amendment I.
The Supreme Court in recent years has been very free speech and press supportive.
Sodomy is an abomination to the Lord God Almighty Who first and foremost we should answer to. . .not some judge that probably hasn't been to Sunday School and is helping put our nation in God's Judgment.
Woe to these people. We may be right up against the Great Tribulation . . .you know the wailing and gnashing of teeth thing. (Matthew 13:40-43)
“As the weeds are pulled up and burned in the fire, so it will be at the end of the age. The Son of Man will send out his angels, and they will weed out of his kingdom everything that causes sin and all who do evil. They will throw them into the blazing furnace, where there will be weeping and gnashing of teeth. Then the righteous will shine like the sun in the kingdom of their Father. Whoever has ears, let them hear."
Voiding the existence of a state because it violated a requirement for its very existence avoids the need to declare any particular law issued by the state as unconstitutional.
Colorado would revert to territorial status I believe.
Sir, Aaron Junior will not cast a golden calf for you.
That’s perfect, they can even shed a few tears because they are so horribly humiliated, that should be worth an extra hundred grand.
That’s the best way to handle it: do a bad job and drive the perverts somewhere else.
“limited access to goods or services”
Welcome to the lifestyles of low-income Americans.
The Communist Tyranny Is Growing Exponentially & Nothing Is Being Done About It!
It’s the principle of the thing.
We are supposed to have religious freedom and freedom of speech.
I know that, but we don’t have judges who honor the law anymore.
I thought the Supreme Court settled this a few years ago.
Since when are members of the Alphabet tyranny marginalized? Especially in urban Colorado.
Compelling State interest is not going to play well on appeal.
10th Circuit = Infiltrated
11th Circuit = Infiltrated.
Just to name a few.
Indicate that, due to the “special features” being requested, all such work has to be subcontracted to a third party, requires a very substantial non-refundable advance deposit, there is no guarantee of customer satisfaction, on-time delivery is not guaranteed, etc., etc.
Basically, make them agree upfront to pay a lot to be dissatisfied while the contract terms immunize you legally from complaints/lawsuits/etc.
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