3 ms·
I think the Reason piece gives the incorrect context for that quote. After confirming the state's "unique interest in remedying its own discrimination against
by eesmith 5y ago
I think the Reason piece gives the incorrect context for that quote.
After confirming the state's "unique interest in remedying its own discrimination against LGBT", the majority continue:
> As compelling as Colorado’s interest in protecting the dignitary rights of LGBT people may be, Colorado may not enforce that interest by limiting offensive speech. Indeed, the First Amendment protects a wide range of arguably greater offenses to the dignitary interests of LGBT people. ...
> The Accommodation Clause is, however, narrowly tailored to Colorado’s interest in ensuring “equal access to publicly available goods and services.” ...
My interpretation is that, yes, an website designer offering comparable LGBT-only services would be found in violation of CADA as that would not "equal access to publicly available goods and services" for people, based on their sexual orientation.