1A Remaking America: The First Amendment And LGBTQ Rights
1A
NPR
4.3 • 4.5K Ratings
🗓️ 13 July 2023
⏱️ 37 minutes
🧾️ Download transcript
Summary
But a recent U.S. Supreme Court decision could put these protections at risk.
Last month, in a 6-to-3 decision, the court ruled in it would be unconstitutional under the First Amendment for Lorie Smith, the plaintiff in 303 Creative v. Elenis, to have to create a message she opposes – in this case, a wedding website for a same-sex couple.
The case raises big questions about what counts as creative speech under the First Amendment and also about questions about the fate of anti-discrimination protections across the country.
We unpack the implications of the Supreme Court decision with legal and First Amendment scholars.
This show is part of our Remaking America collaboration with six public radio stations around the country. Remaking America is funded in part by the Corporation for Public Broadcasting.
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Transcript
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| 0:00.0 | More than 20 states across the country have public accommodation laws. |
| 0:13.8 | These laws prevent businesses from discriminating against customers based on race, gender, religion, |
| 0:19.6 | or sexual orientation. |
| 0:21.7 | But a recent Supreme Court decision could put these protections at risk. |
| 0:25.8 | I create speech for a living. |
| 0:28.3 | When speech is involved, speech should be protected. |
| 0:31.6 | This protects not just me, the LGBT website designer, the Jewish calligrapher, the Democrat |
| 0:37.0 | speechwriter, the pro-life photographer. |
| 0:39.4 | We all benefit from the Court's ruling yesterday. |
| 0:42.5 | That was Lori Smith. |
| 0:44.1 | She's the plaintiff in 303 Creative V. Allenis. |
| 0:47.8 | She worried that Colorado's anti-discrimination law would force her to design a web page for |
| 0:52.7 | same-sex couples wedding, if asked. |
| 0:55.8 | Last month, the court ruled 6-3 in Smith's favor. |
| 0:59.5 | The majority decided it would be unconstitutional under the First Amendment for her to have |
| 1:04.0 | to create a message she opposes. |
| 1:06.9 | What counts as expressive or creative speech under the First Amendment? |
| 1:11.5 | What does this decision mean for anti-discrimination laws across the country? |
| 1:15.5 | Louisville, Kentucky, might be about to find out. |
| 1:18.2 | The city passed a fairness ordinance protecting LGBTQ people in 1999. |
| 1:23.6 | The mayor promised to defend the law after a wedding photographer sued, saying it violates |
| 1:28.0 | her First Amendment rights. |
... |
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