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Supreme Court Seems Ready to Back Web Designer Opposed to Same-Sex Marriage


“She believes same-sex marriage is wrong,” Ms. Wagoner said of her client.

There are several points of agreement in the debate. Off-the-shelf products, including those with a message, must be sold to everyone, both parties agree. Wagoner said the software only provides a sample that does not represent the designer’s views on same-sex marriage.

“If it’s a plug-and-play site, for example, where the couple names and uses their website, then you don’t have the required speech because you don’t have a speech creator,” she says. speak.

Both parties also seem to agree that Miss Smith is free to make a standard statement on all of her wedding websites along this line, proposed by Justice Alito: “Done with love love of Amber, who believes that a valid marriage is a union between a man and a woman.”

Eric R. Olson, general counsel for Colorado, says it’s legal as long as it’s on every website, adding that “a website designer like that would lose a lot of opposite-sex couples as well. potential customers because they don’t want to. to be seen with that message.

Judge Alito said the basic concession was an important concession. “You are creating a very small argument,” he told Mr. Olson.

Judge Elena Kagan said she did not know how to think about a similar hypothetical situation that seemed to undermine some of the differences the court was drawing. What if a web designer made the phrase “God bless this union” a standard part of every wedding website, she asked.

Judge Kagan said those same words could mean different messages in different contexts.

Ms. Waggoner, Ms. Smith’s attorney, said “context changes meanings,” adding: “‘My body, my choices’ means something different to an anti-vaxxer or a pro-abortionist. “

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