this post was submitted on 30 Jun 2023
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TBH I'm having a really tough time with this one. I'm not a lawyer, but there are competing Constitutional interests here:
So we have a state law compelling speech-based services from businesses in scenarios where the client is a member of a protected class as defined by the law. Who wins?
Keep in mind that the same decision also controls the hypothetical-but-plausible situation where the business owner is a person who supports LGBT rights, and who doesn't want to design a website extolling the exclusive virtues of a Christian heterosexual lifestyle for some highly religious prospective clients.
Of course a buck is a buck, and some designers would take that job because they wanted the money. But should they be compelled to make that site? I wouldn't think so, personally!
So that's a tricky angle. There's also the edge cases.