Dissent Episode Four: The Right to Discriminate

The Intercept Briefing

The Intercept

Politics, Unknown, Daily News, History, News

4.8 • 6.3K Ratings

🗓️ 8 February 2023

⏱️ 47 minutes

🔗️ Recording | iTunes | RSS

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Summary

Back in 2017, the Supreme Court heard oral arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case involving a cake shop owner who refused to create a wedding cake for a same-sex couple. In a 7-2 decision, the court found that the state had violated the cake maker’s religious objections. Now the court is considering another case out of Colorado that could expand the right to discriminate under the guise of free speech. In the fourth episode of Dissent, Jordan Smith and law professor Hila Keren discuss 303 Creative LLC v. Elenis, a challenge to the state’s Anti-Discrimination Act brought by Lorie Smith, a website designer seeking to refuse wedding design services to same-sex couples. Unlike Masterpiece Cakeshop, the 303 Creative case has no injured parties; it is a preemptive attempt to allow businesses to practice unfettered discrimination. join.theintercept.com/donate/now

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Transcript

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0:00.0	I'm Jordan Smith, a senior reporter for the Intercept.
0:07.8	Welcome to Descent, an Intercepted Miniseries about the Supreme Court.
0:17.8	There's this organization called the Alliance Defending Freedom, or ADF for short.
0:24.5	They're a Christian Right Advocacy Group, working across the country to create legislation
0:29.5	and case law to deny services to LGBTQ people and criminalize consensual sexual activity
0:36.2	between adults.
0:38.4	And they've landed a big case at the Supreme Court.
0:42.8	The ADF is representing Laurie Smith, a graphic designer from Colorado who claims the state
0:49.3	is preventing her from developing wedding websites because of, wait for it, an anti-discrimination
0:57.4	law.
0:59.1	To make their case, the ADF and Smith have developed a series of slick videos with epic
1:05.1	music and drone shots over Colorado landmarks.
1:09.1	As a Christian artist, I was really excited to step into the wedding industry and use my
1:14.6	artistic talents, except there's a Colorado law that prevents me from continuing with
1:20.6	my work and forces me to violate my beliefs and speak messages that I don't agree with.
1:26.8	I love working with everyone.
1:28.6	For me, it's never about the person that I'm working with.
1:32.1	It's always about the message that I'm being asked to promote.
1:36.1	What I'm asking the Supreme Court to weigh in on and to protect this fall is the right
1:41.1	for all of us to be able to speak freely, whether your beliefs are the same as mine or
1:46.4	different.
1:47.8	The case before the Supreme Court, 303 Creative LLC versus Alainus is on its face, at
	...

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