An Opinion About an Opinion
Photo by Rafael Classen on Fotografie
An opinion by the Supreme Court of the United States has created a hierarchy of Protected Classes.
The case argued in June of last year questioned whether an Anti-Discrimination law violated the plaintiffs right of Free Speech on the ground of the Establishment Clause.
In the case Lorie Smith, owner of 303 Creative LLc, called for an injunction, or clarification, by the Colorado courts to permit her to deny service to LGBTQ+ couples, the court denied this, and she appealed the decision, and the appeals court affirmed the lower court’s decision. She then appealed one last time, which lands her to the Supreme Court. Her case argues that the Anti-Discrimination law in Colorado violated her right to Free Speech under the Establishment Clause of the Constitution.
Anti-discrimination laws are created to prevent people who work in Public-serving companies to deny people services based on “race, color, religion, sex, national origin, age, disability, marital status, or political affiliation” as the Federal Trade Commision says.
In the Supreme Court Opinion they overturned the lower courts and argued that it did abbridge her right to free speech.
I’ll begin with this, the Supreme Court’s Opinion is terrible. The whole point of anti-discrimination laws are to protected individuals from discrimination, even the constitution has a Anti-discrimination clause, Amendment fourteen. By ruling in Smith's favor, the Supreme Court creates a dangerous precedent, that people can deny services because they said they can, even though there are anti-discrimination laws that make it so that businesses can’t discriminate. The case states that public companies that serve individuals can deny service to people based on whatever they want. The reality of this ruling would in essence, create a lawless land where Freedom of Speech forces everything into second, even other laws, and overturn years of social justice legislation.
All of this is upsetting: a conservative opinion by a conservative majority court overturned Roe V. Wade previously, a major example of the regression we’re experiencing. In response, three members of the court, Justices Sotomayor, Kagan, and Jackson, wrote a dissenting opinion, or a disagreement from the majority opinion, saying that the Supreme Court's decision breaks precedents, or norms, set forth by the court in past similar cases. All of this shows the truly perturbing situation, a genuinely horrendous opinion. This truly is an example of the genuine hatred of the Supreme Court against the LGBTQIA+ community.
Over the years there have been many discussions about the Supreme Court and how to make the court more accountable to the American public; some want term limits or an increase in the number of justices. The best idea would be if instead of justices serving for life, after they reach a certain age, or are unable to execute the duties of their office, they are removed as a Justice of the Court. It should be more similar to the way the California State Court of Appeals works, with no life-long appointments, but instead certain rules about term limits and abilities to execute their duties.
Contact your representative: ask them to implement rules and term limits. We have the power to change. You have the power to change. Act now.
