Straining to hand the anti-LGTBQ movement a major legal victory, all six conservative Supreme Court justices voted on June 30 in 303 Creative, LLC v Elanis  to uphold a challenge to Colorado’s anti-discrimination laws. In so doing, they upended decades of key legal precedent that has long held that the First Amendment does not entitle commercial enterprises that offer their goods and services to the general public to discriminate on the basis of race, religion, sexual orientation or any other protected category.

To get a sense of just how spurious both the case, which relies on a hypothetical scenario, and the majority decision are — not to mention the floodgates for discriminatory conduct the decision opens up — one need only look at Justice Sonia Sotomayor’s stinging dissent. The full scope of her powerful and widely noted 38-page dissent, which was joined by […]