US Supreme Court Says It’s Now Okay To Discriminate Against LGBTQIA+ People
On Friday, June 30, the US Supreme Court handed down a decision that endorses LGBTQIA+ discrimination on the basis of religious freedom. Lorie Smith is a web designer from Colorado who refused to create sites for same-sex weddings. Smith took her case to the courts and the 6-3 decision in her favour does not bode well for gay rights, reports The New York Times.
The door is now open for LGBTQIA+ people to be discriminated against
The current US Supreme Court is conservatively weighted with six of the nine justices being right-wing – three of which were appointed by former president Donald Trump. The Supreme Court has made controversial decisions recently including the overturning of Roe v Wade and, now, the decision in favour of Lorie Smith has progressives worried about the state of human rights if left in the hands of the Supreme Court.
The ruling states that it is unconstitutional to force businesses to offer “expressive” products and services that defy their beliefs. This weakens LGBTQIA+ protections by opening the door to private institutions discriminating on the basis of sexual orientation, reports Human Rights Watch. The Supreme Court offered no parameters or definitions for what constitutes an “expressive product or service” which leaves interpretation to individual lower courts.
Smith’s case was based on her First Amendment right to free speech which allows her to refuse service to individuals based on her religious beliefs. There is now contention regarding the merit of Smith’s case as the request used to form the basis of her argument is being alleged to be fabricated, reports NPR.
In the wake of this decision, lawmakers and advocates are reminded of the tenuous nature of discrimination law in the US. According to Reuters, director of the Law, Rights and Religion Project Elizabeth Platt says, “We’ve seen a dramatic expansion of rights for conservative religious communities that has had a detrimental impact on equality rights, certainly for LGBTQ people.”
To ensure that LGBTQIA+ rights are not further impeached upon, it is the responsibility of congress to pass broad-spectrum and unambiguous legislation protecting minority groups.
