Remarkl
1 min readJul 11, 2023

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Gorsuch thinks the mere act of creating a website that says “Mark and Mark are getting married!” is a form of expressive speech,

Maybe in "skipping ahead," Ms. Dimond missed the part where it is made clear that Lorie Smith does not say that she intends to make that kind of website. She says she will make highly personalized websites celebrating a Christian sacrament. Actually, though, the religious aspect of her motivations is irrelevant. Her First Amendment claim is not a "free exercise" claim; it's "freedom of the press" claim. She doesn't need a good reason to refuse telling a story. She could as easily have said that she gets off on writing about hetero couples and gets squeamish thinking of men making out. That's why all of Justice Sotomayor's "sincerely held belief" precedents - and Ms. Dimond's interracial hypothetical - are inapt. (The dissent reads like a brief written by a skillful lawyer with a bad case.)

Justice Gorsuch, I'm sure you all remember, wrote the decision in the Bostock case. So what he "thinks" isn't as clear to some of us as it is to Ms. Dimond.

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