With its dangerous and legally indefensible decision in 303 Creative v. Elenis that seriously twists the First Amendment into something unrecognizable, the U.S. Supreme Court has opened the door to the evisceration of all civil rights and fair housing laws. As a member of the bar of the U.S. Supreme Court since 1995, let me explain why.
This decision is disingenuous at best, and frighteningly dangerous to the Constitution, civil rights and democracy at worst. Just substitute “African American” for “LGBT+” (in the case involving the Colorado web designer), and you’ve got a return to the bad old days of Jim Crow when so many alleged Christians insisted their religion required separation of the races, justifying segregated housing, schools, lodging, restaurants, theaters and marriage.
