On January 30, the Oregon Court of Appeals heard oral argument in Klein v. Oregon BOLI ("Sweetcakes by Melissa" case), which was remanded by the US SCt for reconsideration in light of 303 (this previously happened after Masterpiece Cakeshop).

Note BOLI's focus in second half of its argument on stipulation in 303, not present in Klein, that owner "vetted" customers. If BOLI wins, that is likely to be key.

Video of argument available here:
https://oregoncourts.mediasite.com/mediasite/Channel/default/watch/00684de41396421ab764e1a20c96a4591d

#Law #LawFedi #303Creative

Joshua Douglas, law professor at University of Kentucky and author of the forthcoming "The Voters v. The Court," joins the podcast to shed light on the significant developments and controversies surrounding the Supreme Court's 2023 term, touching on key decisions related to affirmative action, private business discrimination, and democracy.

#supremecourt #scotus #studentsforfairadmissions #303creative #democracy #democracynerd

https://democracynerd.us/episode/reviewing-the-supreme-courts-2023-term-w-joshua-douglas

The New Jersey Division of Civil Rights has issued guidance on the impact of the Supreme Court's decision in 303 Creative: https://nj.gov/oag/dcj/agguide/pdfs/2023-0726-Guidance-on-the-New-Jersey-Law-Against-Discrimination-OAG-DCR.pdf

Two notes about the excerpt below from that guidance:

1. The 303 majority didn't provide test for determining when vendor speech expresses vendor's "own" message in contested cases, instead relying on stipulations.

2. Maj. also relied on stipulation that 303 would "vet" all customers.

#LawFedi #Law #SCOTUS #303Creative #CivilRights #FreeSpeech

Yet #Another #fact in the #antiLGBTQ #SupremeCourt #wedding #website #case was a lie.

The #website #designer in the #303Creative, had created a #wedding #website, before filing her #legal #challenge despite claiming that a "fear" of #prosecution had kept her from doing so.”

#Women #Transgender #LGBTQ #LGBTQIA #Conservatives #Extremism #Hategroups #RepublicanParty #Hate #Bigotry #Violence #Genocide #Discrimination #Homophobia #ThePartyOfHate

https://www.alternet.org/another-important-fact-a-lie/

Prof. Anthony Infanti (Pitt Law) expresses skepticism that narrow interpretations of 303 Creative will prevail, arguing that "the expression of personal beliefs is in no way confined to providing customized services," and warning of implications in other areas of nondiscrimination law.

#Law #LawFedi #SCOTUS #303Creative https://thehill.com/opinion/civil-rights/4118258-the-supreme-court-codified-discrimination-against-me-and-possibly-you/

The Supreme Court codified discrimination against me, and possibly you

Following 303 Creative, it will take little time before landlords claim the right to discriminate against same-sex couples and their families on the ground that providing them shelter would require the landlord to condone same-sex relationships and facilitate same-sex sexual behavior in violation of their beliefs.

https://thehill.com/opinion/civil-rights/4118258-the-supreme-court-codified-discrimination-against-me-and-possibly-you/

#lgbtq #civilrights #discrimination #aclu #glad #scotus #303creative

Related to today's report that 303 Creative included a wedding website in past public portfolio advertising its services, despite telling courts that it did "not yet offer wedding-related services":

In our amicus brief, we noted that the public record of how 303 operated its broader website business was in tension with its portrayal in court.

#SCOTUS #LawFedi #Law #303Creative

#SCOTUS #303Creative
"A Colorado woman who claimed her state’s support for same-sex marriage barred her from designing wedding websites ... appears to have designed at least one wedding website before it was scrubbed from her archive."

The Guardian:
Woman in anti-LGBTQ+ supreme court case did make wedding site after all, report says

"Lorie Smith had argued her right to free speech regarding her opposition to same-sex marriage was ‘chilled’ by Colorado’s law."
https://www.theguardian.com/law/2023/jul/25/lgbtq-rights-supreme-court-case-wedding-site