So, it begins! Gays are now officially second-class citizens, for SCOTUS has enshrined discrimination against this once-protected class into law, not just in statutory law but Constitutional law! In other words, no law Congress passes can undo what SCOTUS just did. I don’t think this has really sunk in with all the MSM analysts I’ve heard. Just to be absolutely clear: This SCOTUS has just said it is constitutionally permissible to discriminate against the gays, and being a constitutionally protected right, there is no law Congress can enact to protect the LGBTQ community. As Justice Sotomayor put it so well in her dissent, “By issuing this new license to discriminate in a case brought by a company that seeks to deny same-sex couples the full and equal enjoyment of its services, the immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status. In this way, the decision itself inflicts a kind of stigmatic harm, on top of any harm caused by denials of service. The opinion of the Court is, quite literally, a notice that reads: ‘Some services may be denied to same-sex couples.’” Indeed!
I did not read Gorsuch’s majority opinion because my ire is ragging so much that I can’t see or think straight (no pun intended). But I read Sotomahyor’s dissent, which has informed me well enough. This case is a perfect example of a conservative activist Court hell-bent on reversing the social progress of the 21st century. People have been warning about the ultimate goal of the White Christian fascists sitting on the High Court; they want America to revert back to the 1950s (and the 1850s, if they can). Yet the entreaties of those forewarning have fallen on deaf ears of idiot Americans. But, guess what? The fascists are getting exactly what they wanted! And this Court will stop at nothing to help Christian nationalists achieve their goal: A White Christian nation dominated by cis straight men who subjugate all others, especially minorities. It’s happening, f***tards! In real-time and right before your lying eyes.
One needs only start with the legal concept of standing to understand that this uber-conservative supermajority Court will stop at nothing to get the matters they want to decide on before them. The legal standing in the 303 Creative case, by the usual benchmark, is lacking. I can go way, way back to an argument of standing that Thomas made in the Moore v Harper case, just three days before 303 Creative was issued, as an example of their hypocrisy. He states, “This Court sits ‘to resolve not questions and issues but “Cases” or “Controversies.”’… As a corollary of that basic constitutional principle, the Court ‘is without power to decide moot questions or to give advisory opinions which cannot affect the rights of the litigants in the case before it.’… To do so would be to violate ‘the oldest and most consistent thread in the federal law of justiciability.’… As such, the question is indisputably moot, and today’s majority opinion is plainly advisory.” The 303 Creative case is not really a case at all because the plaintiff has incurred no actual harm. It is common knowledge that the plaintiff has not even established a web design business yet — if ever — and the “client” requesting a “gay website” is actually fraudulent. Just ask the straight guy (also a web designer) that the plaintiff alleged had asked for a same-sex wedding-themed website. The “controversy” is the plaintiff’s theoretical harm of possibly having to do something she doesn’t like. Apparently, this is now enough for the Court to act, which also begs the question: What other possible issues will this SCOTUS undertake if the threshold to grant certiorari is basically a “feeling” that something may happen? The short answer: Whatever the f***ing Court wants, for actual cases are no longer required for standing. Without actual cases or controversies, this Court does what Thomas argued they shouldn’t be doing: Giving advisory opinions. Funny how Thomas did not bring up the issue of standing in the 303 Creative case. (One may argue that Thomas was specifically talking about mootness in the Moore opinion, but isn’t the greatest example of mootness a harm that has never occurred?) This only proves the activist nature of this Court; they will attack all minority groups at any cost using any excuse.
Clearly, this plaintiff lacked standing by all reasonable legal standards. But, as I have repeatedly said in previous posts, the law is whatever SCOTUS wants it to be in the moment, so if they want the 303 Creative case to have standing, then all they have to do is say so and do some backward-working magic to contrive the desired means and ends. The same tortured logic applies to the outcome of this case. The desire is to limit LGBTQ rights. The 303 Creative case is the invented “controversy,” and the First Amendment is the legal vehicle to get to the outcome they want. I had originally thought the Court would use freedom of religion in the First Amendment to roll back gay rights, considering this was the primary argument of the plaintiff, but their ruling is actually much broader and much worse than I thought, for the Court latched onto the freedom of speech, which, in this case, subsumes freedom of religion. Consequently, one need not have a sincerely held “religious” belief to discriminate against the gays; now all you need is just good old-fashioned bigotry, and you’ll be protected from having to act (provide a service) using freedom of speech as an excuse.
And do not believe any of the conservative Justices’ excuses that this is only limited to creative expression. That is B.S. They are lying! Thanks to this Court, the door is open, and the slippery slope is in place. Mark my words when I say that anti-LGBTQ groups are already manufacturing legal challenges to test the boundaries of the 303 Creative ruling. The freedom to discriminate will not stop at creative expression. The next line of attack will be freedom of association in the First Amendment. If this Court can absurdly identify — apparently for the first time in the nation’s history — a freedom of speech right to discriminate in the Constitution, then I have no doubt freedom of association will also be used to further discriminate against the gays. Soon a waiter or the person renting an apartment to a gay person or couple may refuse to do so because the person does not want to associate (i.e., wait on or engage) with said minority group. Honestly, the examples and consequences are endless because, as Sotomayor noted, this is the first time SCOTUS has found a constitutional right to discriminate against a minority group. This is just the beginning, f***tards. Mark my words! Welcome to stupid America! The end is coming.