Christopher Dunn A Constitutional Right To Discriminate?
Allowing businesses to invoke free speech or religious liberty to refuse services to targeted customers would mark not only a grievous endorsement of bias but also could undo much of our social compact.
October 05, 2022 at 10:00 AM
10 minute read
As the Supreme Court opens its new term this week, it is poised to decide a case that threatens to take the country backward decades, to constitutionalize bias in public commerce, and to amplify the deep polarization plaguing our society. At issue in 303 Creative v. Elenis, No. 21-746, is whether a business can invoke the First Amendment's protections of freedom of speech to justify refusing services to certain groups of customers—in that case website design for the weddings of same-sex couples—notwithstanding public-accommodations laws that bar such discrimination.
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