"The state at least partially agrees with Smith. Colorado claims that the law merely regulates sales and does not mandate or ban any speech. In the state’s view, the law holds that any product being sold must be sold to all customers. In one hypothetical, the state points out that a Hindu calligrapher would not be required to create a product with a Christian message, but if the business did create such a product, it would be required to sell it to everyone."
"Therein lies the rub. The wedding websites are personalized and not off-the-shelf products. Each product is unique."
Just a word of advice for anyone else looking to do this: DON'T be in the "wedding website" sales business. DO be in the "providing custom software development services, that may include - but is not limited to - personal websites". DO pick your customers carefully. DON'T tell customers you reject that it's because their website is against your moral conscience - instead, tell them that you're not a good fit for their needs and your schedule cannot accommodate them.
"A ruling for Colorado would require Smith to specifically craft an individual website for same-sex couples in addition to prohibiting her from posting a message on her own website stating her business policy. So, on the one hand, a private business would be mandated to engage in speech that violates its owner’s conscience and sincerely-held religious beliefs while on the other hand, it would be restricted from posting a message that conveyed its own principles. This outcome would not be consistent with the First Amendment."
I expect the rule against posting that you don't do gay wedding websites (should you neglect my advice above) will be struck down swiftly on a 7-2 or even a 9-0 vote.
To build on this comment, while I'm 180 degrees in the other direction when it comes towards attitudes toward same-sex marriage as Smith, she's implemented the policy that SHOULD be standard - if you're going to discriminate, disclose it. The market is sufficiently robust with web developers that the market can decide how to penalize or reward her, without getting the courts involved.
"Just a word of advice for anyone else looking to do this: DON'T be in the "wedding website" sales business. DO be in the "providing custom software development services, that may include - but is not limited to - personal websites". DO pick your customers carefully. DON'T tell customers you reject that it's because their website is against your moral conscience - instead, tell them that you're not a good fit for their needs and your schedule cannot accommodate them."
This is the best course of action IMO, as it would be very much understandable and reasonable without potentially offending someone.
I am always and forever stuck at why courts rule my freedom of strongly held religious beliefs is negotiable. They are not and never will be. I don’t force them on anyone and in turn theirs should not be forced on me. How hard is that?
"The state at least partially agrees with Smith. Colorado claims that the law merely regulates sales and does not mandate or ban any speech. In the state’s view, the law holds that any product being sold must be sold to all customers. In one hypothetical, the state points out that a Hindu calligrapher would not be required to create a product with a Christian message, but if the business did create such a product, it would be required to sell it to everyone."
"Therein lies the rub. The wedding websites are personalized and not off-the-shelf products. Each product is unique."
Just a word of advice for anyone else looking to do this: DON'T be in the "wedding website" sales business. DO be in the "providing custom software development services, that may include - but is not limited to - personal websites". DO pick your customers carefully. DON'T tell customers you reject that it's because their website is against your moral conscience - instead, tell them that you're not a good fit for their needs and your schedule cannot accommodate them.
"A ruling for Colorado would require Smith to specifically craft an individual website for same-sex couples in addition to prohibiting her from posting a message on her own website stating her business policy. So, on the one hand, a private business would be mandated to engage in speech that violates its owner’s conscience and sincerely-held religious beliefs while on the other hand, it would be restricted from posting a message that conveyed its own principles. This outcome would not be consistent with the First Amendment."
I expect the rule against posting that you don't do gay wedding websites (should you neglect my advice above) will be struck down swiftly on a 7-2 or even a 9-0 vote.
To build on this comment, while I'm 180 degrees in the other direction when it comes towards attitudes toward same-sex marriage as Smith, she's implemented the policy that SHOULD be standard - if you're going to discriminate, disclose it. The market is sufficiently robust with web developers that the market can decide how to penalize or reward her, without getting the courts involved.
"Just a word of advice for anyone else looking to do this: DON'T be in the "wedding website" sales business. DO be in the "providing custom software development services, that may include - but is not limited to - personal websites". DO pick your customers carefully. DON'T tell customers you reject that it's because their website is against your moral conscience - instead, tell them that you're not a good fit for their needs and your schedule cannot accommodate them."
This is the best course of action IMO, as it would be very much understandable and reasonable without potentially offending someone.
Matter of fact: I'm stealing it and making a twitter thread with those items.
Post a link when it's up, please.
https://twitter.com/smgstryker/status/1600222817269604352?s=20&t=arv6v5elS2rpX9uSCiVpiQ
I am always and forever stuck at why courts rule my freedom of strongly held religious beliefs is negotiable. They are not and never will be. I don’t force them on anyone and in turn theirs should not be forced on me. How hard is that?