Monday, December 5, 2022

303 Creative, LLC


303 Creative v. Elenis  is about complicity. It is an extreme argument that creating a website is the website designer's speech, not that of the couple seeking to marry.
Who is inviting people to the wedding? Who is celebrating the wedding? There is no website, or wedding. It's a pure hypothetical. The purpose of the case is to find a still spot that wasn't discriminating under Colorado;s oedinance
At oral argument this morning the petitioner's counsel's response is "the Pulitzer Prize goes to the photographer, not the subject of the photograph."
Justice Ketanji Jackson asks can the photographer refuse to photograph black children with Santa.
Samuel Alito: Obergefell said "decent and honorable people" differ regarding marriage.
A cake maker, photographer, web designer is free to refuse to serve the gay, the black and white, the disabled, Elena Kagan argues.

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