The legitimacy of the customer “Stewart” in the Supreme Court ruling that a Christian graphic artist can refuse to make wedding websites for gay couples raises questions about how the case was allowed to proceed all the way to the nation’s highest court.
A trio of health care bills enshrining access to abortion and gender-affirming procedures and medications have become law in Colorado as the Democrat-led state tries to make itself a safe haven for people from states where Republican leaders have restricted care.WHAT ROLE DID THE CLAIM PLAY IN THE CASE?
Two documents Smith filed with the Supreme Court briefly mention that she had received at least one request to create a website celebrating a same-sex wedding but do not elaborate. The 10th U.S. Circuit Court of Appeals, which reviewed the case before the Supreme Court, found that Smith had standing to sue. That appeals court noted that Colorado had a history of past enforcement “against nearly identical conduct” and that the state decline to promise that it wouldn’t go after Smith if she violated the law.
While the revelation cannot change the decision, “it’s something that should’ve come up in the litigation,” said Erwin Chemerinsky, the dean of Berkeley Law, “because then what the court should have done is say we have doubts about this, we can’t resolve it, we send it back to the federal district court.”
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