The Supreme Court of the United States ruled this Friday in favor of a creator of websites that refuses to produce them for gay marriages, authorizing for the first time discrimination in the commercial field, marking the conservative turn of this court since the appointment of several judges . by Donald Trump when he was still in the White House.
The companies whose services have a creative value can invoke their freedom of expression so as not to provide a service that goes against their values, judged the high institution by a majority of six judges out of nine.
The First Amendment to the Constitution, which guarantees free speech, “conceives of America as a rich and complex place, where people are free to think and speak what they want, not what the government requires,” the magistrate wrote. Neil Gorsuch on his behalf. “Colorado is trying to renege on that promise,” he adds.
A decision justified by freedom of expression
Since 2008, Colorado has prohibited merchants from discriminating on the basis of sexual orientation, under penalty of a fine of up to $500.
This legislation had already been challenged by a Christian pastry chef who refused to bake a cake for a same-sex wedding. The Supreme Court had agreed with him in 2018 but for technical reasons, without promulgating great principles.
Lorie Smith, a website creator, was back on the attack, filing a complaint against a Colorado law that she says requires her to produce “a message” contrary to her Christian convictions. She won her case on Friday, the Court considered that her activity, even if it is commercial, falls within freedom of expression.
A decision made by conservative magistrates
“Determining what expressive activity is protected by the First Amendment sometimes raises difficult questions, but that is not the case in this case,” writes Neil Gorsuch with the support of the Court’s five other conservative justices.
As the day before, when the high court ended positive discrimination policies at the university, the three progressive judges forcefully expressed their disagreement.
“Today the Court has granted, for the first time in its history, a constitutional right to a business open to the public to refuse to serve” customers protected by anti-discrimination laws, Judge Sonia Sotomayor lamented on his behalf.
Joe Biden “concerned”
President Joe Biden reacted to this decision by saying that he was “very concerned” about the increased risk of discrimination against sexual minorities.
The previous day, the high court, heavily reviewed by Donald Trump, had already abolished affirmative action policies at the university, one of the achievements of the 1960s civil rights struggle aimed at increasing diversity on campuses. .
By 2022, the Supreme Court had made a historic U-turn on abortion, making it possible to repeal it in every state.
Source: BFM TV
