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- Dec 20, 2009
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Last June, the justices decided that a Catholic foster-services agency receiving city funding was entitled to turn away same-sex couples, despite local laws prohibiting such discrimination. The decision was based, however, on the court’s own reading of Philadelphia’s Fair Practices Ordinance and its contract with Catholic Social Services rather than broad constitutional principles... The Colorado case granted Tuesday, to be argued in the court’s next term and likely decided by June 2023, suggests the justices may be ready to address that issue.
Tuesday’s order phrased the question before the court as “whether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.”
That last bit sort of signals the bar that the State will have to clear.
Color me hopeful, but cautious.