I’m gay, I support gay marriage, but SCOTUS needs to stop Colorado

The media has portrayed the Colorado government’s side as the “gay rights” position, while casting Smith’s side as the “religious liberty” side. Yet I am gay, and I am not religious, and I still think Smith should win this case.

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It’s not because I sympathize with her position. I think it’s wrong and outdated, in fact. But it’s because I want to live in a society where all people have the right to freedom of conscience. In particular, I want that right for LGBT people, too.

Imagine this alternative scenario: A gay man owns a website design business and a Christian group wants to hire him to create a website featuring anti-gay bible verses and preaching against homosexuality. If he refuses, under current Colorado law — which also has religion as a protected class — he would be just as guilty as Smith would be. But if the Supreme Court carves out an exception for free speech, both can live by their consciences.

And no, a ruling for Smith doesn’t negate all anti-discrimination laws. Even Smith’s side in this case acknowledges that all services which don’t involve speech—think catering or rental housing, for example—should still be bound by normal anti-discrimination laws. They simply want a narrow carve out for conscience rights in speech-based services.

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