Colorado web designer who refused to make same-sex wedding websites loses appeal

Re:Colorado web designer who refused to make same-sex weddin... by underseacables on Thursday July 29, 2021 @07:16PM (#28002663)

It’s not all that different. The argument basically comes down to one of speech and artistic expression. Hear the government is requiring you to support a position with your speech and artistic expression. This is completely different from, say, housing. Refusing housing to someone based on their sexuality is clear discrimination. Refusing to bake a cake, to build a website, to support a position to disagree with, is government coercion of speech. I have absolutely no problem with the same sex marriage, transgender rights, any of that, but I do have a problem with the government forcing speech and expression.

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Re:Colorado web designer who refused to make same-sex weddin... by threatofrain on Thursday July 29, 2021 @07:17PM (#28002674)

It would be the same sort of coercion when government compels companies to serve black or disabled customers for creative or expressive products, regardless of any deeply held spiritual beliefs about black or disabled populations.

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Re:Colorado web designer who refused to make same-sex weddin... by underseacables on Thursday July 29, 2021 @07:18PM (#28002689)

Incorrect. I am not a lawyer, but serving a customer is not a form of speech or expression. Making a website and decorating a cake, are forms of expression and speech.

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Re:Colorado web designer who refused to make same-sex weddin... by furgooswft13 on Thursday July 29, 2021 @07:27PM (#28002767)

This is correct. In both this case and "cake guy", the parties explicitly stated they had no problem serving homosexual customers, just that they refuse to design certain custom messages/art, this case being same-sex marriage.

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Re:Colorado web designer who refused to make same-sex weddin... by threatofrain on Thursday July 29, 2021 @07:26PM (#28002755)

I'm talking about services provided to the market. Services can naturally include expressive or creative products, or even literally speeches.

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Re:Colorado web designer who refused to make same-sex weddin... by furgooswft13 on Thursday July 29, 2021 @07:39PM (#28002868)

Good to know. I guess Google/Facebook/Twitter will stop censoring speech on their services then.

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Re:Colorado web designer who refused to make same-sex weddin... by benjohnson on Thursday July 29, 2021 @09:04PM (#28003357)

That's an interesting point - if indeed Facebook is providing a service, then using that logic they can't discriminate on providing that service for a protected class engaging in speech if they provide the same service to the public.

If we are going to be consistent on what a service is, and what speech is allowed on a service, this could get really interesting.

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Re:Colorado web designer who refused to make same-sex weddin... by hellisothers on Thursday July 29, 2021 @07:26PM (#28002756)

The common thread though is this is a business and you can’t discriminate against customers. I’f you were a town crier and offerd the service of walking around town announcing weddings you should be compelled to not discriminate in offering your service despite it being literally your speech. It’s not free, you’re being paid, free is your own time.

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Re:Colorado web designer who refused to make same-sex weddin... by pseudo0 on Thursday July 29, 2021 @07:49PM (#28002926)

So a LGBT cake shop should be forced to write anti-gay bible verses on cakes? Religion is also a protected class.

Splitting services into speech and non-speech isn't a perfect solution, but it seems like a decent compromise compared to the alternatives.

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Re:Colorado web designer who refused to make same-sex weddin... by furgooswft13 on Thursday July 29, 2021 @07:31PM (#28002810)

By this reasoning, a Jewish baker should be compelled by the government to bake a cake with a swastika on it.

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Re:Colorado web designer who refused to make same-sex weddin... by threatofrain on Thursday July 29, 2021 @07:38PM (#28002862)

Do you mean more like compelling a supporter of Nazism to bake a Jewish wedding cake? The donning of Nazi political symbols is not a religion, but it could be considered a political position.

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Re:Colorado web designer who refused to make same-sex weddin... by furgooswft13 on Thursday July 29, 2021 @08:04PM (#28003023)

How bout compelling a gay owned bakery to bake a cake saying "homosexuality is a sin"? Note GP did not distinguish between political or religious speech, not that there's a material difference IMO.

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Re:Colorado web designer who refused to make same-sex weddin... by ykevinator3 on Thursday July 29, 2021 @08:43PM (#28003246)

Correct and it is a good thing, this is america not israel, it's why america is exceptional. Plus god is not real.

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