That Supreme Court of United States of America debated last monday the 5th whether a christian graphic designer You can refuse to create wedding websites for homosexual and the conservative judges seemed to be leaning in their favour.
During a long and sometimes tense hearing, his three progressive colleagues objected, fearing opening the floodgates to any form of discrimination in the business world.
If the High Court rules in favor of that graphic designer, “It would be the first time in the history of the Court that a company serving the public would have the power to refuse to serve a client on the basis of race, sex or religion.”highlighted Sonia Sotomayor, a progressive.
VIDEO: US Supreme Court debates refusal to offer services to gay couples
But it’s not the first time that’s supreme courtwhich recognized the right to marry between people of the same sex in 2015, must balance the protection of sexual minorities and the freedom of expression and religion of merchants.
In 2018, he settled with a Christian pastry chef who refused to make a wedding cake for a gay couple. But it was based on additional reasons, without going so far as to proclaim general principles.
Since then, two new judges appointed by the former Republican President donald trumphave consolidated the Conservative majority and the court could issue a more far-reaching verdict expected before June 30.
However, the designer is not going to court because a homosexual couple had used her services, but rather preventive. He lost twice and appealed to the Supreme Court.
your lawyer Kristen WagnerChairman of the Christian Right Group Alliance for the Defense of FreedomShe explained that “Mrs. blacksmith It has LGBT customers. But “she is against same-sex marriages” and cannot create “tailor-made websites” to promote them.
“honorable”
The law does not mention the content of the products, but obliges them to offer them to all customers, the lawyer countered Colorado, Eric Olson.
according to him blacksmith She could adorn her websites with biblical messages about marriage “between a man and a woman,” but she can’t refuse to sell them to gay couples.
Just as “a store can only sell Christmas decorations but can’t turn away Jewish customers,” he explained.
But several conservative judges have upheld the graphic designer’s opinion.
The judge Amy Coney Barrett He said he could refuse to create wedding websites for straight people who are divorced or have committed adultery.
“It’s the message, not the partner’s sexual orientation, that counts,” he said.
Validating Colorado law would be tantamount to forcing certain companies to “take on speech they despise,” added his colleague Samuel Alito.
“There are honorable people who are against same-sex marriage,” he added, refusing to equate it with racial discrimination.
“interracial”
The African American Judgeand Ketanji Brown JacksonHowever, he noted that “historically, opposition to interracial marriage and integration has often been justified on religious grounds”.
Could a photographer in a mall refuse to put black children on Santa’s lap to capture the 1950s atmosphere? he wondered.
“What if someone thinks people with disabilities shouldn’t get married? Where is the limit?” Sonia Sotomayor stressed.
The conservative judge brett kavanaugh tried to reconcile them: “It seems that they agree on basic principles: barbers, gardeners, plumbers (…) cannot invoke the First Amendment (right to freedom of speech and religion) to oppose homosexual marriages , but it is different for the artists”.
The court can therefore content itself with answering one question: whether web designers fall under the category of publishers.