The court ruled 6-3 for designer Lorie Smith despite a Colorado law that bars discrimination based on sexual orientation, race, gender and other characteristics. Smith had argued that the law violates her free speech rights.
that a landmark civil rights law also protects gay, lesbian and transgender people from employment discrimination.
The court’s dissenting liberal justices led by Justice Sonia Sotomayor warned that the decision will allow a range of businesses to discriminate. Sotomayor, who read a summary of her dissent in court to underscore her disagreement, said the decision's logic “cannot be limited to discrimination on the basis of sexual orientation or gender identity.” A website designer could refuse to create a wedding website for an interracial couple, a stationer could refuse to sell a birth announcement for a disabled couple, and a large retail store could limit its portrait services to “traditional” families, she wrote.
Sotomayor referenced the court's history with the issue of gay rights in her dissent, writing: “The LGBT rights movement has made historic strides, and I am proud of the role this Court has recently played in that history. Today, however, we are taking steps backward.”
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