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by Georgelemental 1293 days ago
Marrying someone of the same sex is a behavior, and the designer is refusing to design websites relating to that behavior. The designer didn't refuse to design a website for say, dog walking just because the client is gay.
1 comments

The debate is over Colorado law that, according to the article, "bars businesses open to the public from denying goods or services to people because of race, gender, sexual orientation, religion and certain other characteristics."

I understand wanting to make the distinction between objectionable behavior and the intrinsic characteristics of clients. But that's not a distinction the Colorado law considers. And if stuck down, SCOTUS could establish that there would be nothing baring a business to refuse service to LGBTQIA+ dog walkers.

The plaintiffs argue otherwise:

> Smith explains that she decides whether to take on a commission based on the message that the work will convey, rather than the person requesting it. This means, she says, that she would “happily” design graphics for an LGBTQ customer who runs an animal shelter. But she will not take on commissions that would be inconsistent with her Christian beliefs – including, she says, by promoting same-sex marriage – because a custom wedding website would “express approval of the couple’s marriage.”

> Smith warns that allowing the 10th Circuit’s ruling to stand would mean that artists will be required to engage in speech that violates their conscience. Calligraphers who support abortion rights can be compelled to create flyers for anti-abortion activists, she says, and musicians who are atheists can be required to perform at religious ceremonies.

https://www.scotusblog.com/2022/12/colorado-web-designers-fi...

This specifically involves speech and its creation.

So, it does not have to do with any business, as you claim, but one which is hired to produce certain speech.