Let's be clear: nothing happened to the plaintiff in 303 Creative, the whole "case" was a hypothetical exercise, and the GOP Justices used it as a vehicle to undermine every single federal, state, county, and city anti-discrimination law in the country.

There's now a special exemption for any bigot who wants to claim their work is "expressive," even if the work they do doesn't express any message at all.

https://www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf

@maxkennerly I didn't think the courts would typically rule pre-emptively, and required an actual harm.

@michaelgemar @maxkennerly

Requiring actual harm is a sensible requirememt.

You drop that and the Courts could be swamped with any number of hypothetical cases drowning out actual cases.