In a case argued at the Supreme Court this week, a Colorado website designer appealed a decision from lower courts requiring her to create wedding websites for gay couples in violation of her religious belief that marriage is between a man and a woman. The Court is likely to reverse the lower court decision, and allow her to decline to create such websites.
The liberal minority on the Court and the liberal media argue that such a decision will lead to a new Jim Crow era where the providers of public accommodation are allowed to refuse services to people on the basis of their sexual preferences or skin color.
That argument is incorrect and probably not even sincere. Here’s why.
The First Amendment of course prohibits the government from banning speech. Less recognized is that the First Amendment also prohibits the government from compelling speech. That means it’s unconstitutional for the government to prohibit you from voicing support for gay marriage and it’s equally unconstitutional for the government to require you to voice such support.