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ANALYSIS

Sotomayor Slams ‘Embarrassing’ SCOTUS Anti-LGBTQ Decision That Marks ‘Gays and Lesbians for Second-Class Status’

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Only on occasion do U.S. Supreme Court Justices read their opinions aloud from the bench. But on Friday Justice Sonia Sotomayor did just that, reading aloud her 38-page dissent to the majority’s 6-3 ruling in favor of a Christian anti-LGBTQ business owner, Lori Smith, who claimed Colorado’s anti-discrimination law prevented her from expanding her design business to include weddings because she refuses to provide that service to same-sex couples. The case is 303 Creative vs. Elenis.

The Court ruled that, “The First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.”

In her dissent Justice Sotomayor exposed some of the many harms that ruling will cause, and called the “logic” in the majority opinion, written by Justice Neil Gorsuch, “embarrassing.”

“The majority protests that Smith will gladly sell her goods and services to anyone, including same-sex couples,” she wrote. “She just will not sell websites for same-sex weddings. Apparently, a gay or lesbian couple might buy a wedding website for their straight friends. This logic would be amusing if it were not so embarrassing.”

RELATED: SCOTUS Anti-LGBTQ Case Includes ‘Falsified’ Claim Alleging a Straight Married Man Asked for a Same-Sex Marriage Website: Report

Pointing to a separate legal case, she continues to mock the conservative justices, saying: “I suppose the Heart of Atlanta Motel could have argued that Black people may still rent rooms for their white friends.”

Her dissent also offered a great deal of support and acknowledgment of LGBTQ people and their struggles — past and current.

“Today is a sad day in American constitutional law and in the lives of LGBT people,” Justice Sotomayor wrote. Her dissent was joined by the remaining two liberals on the bench, Justices Elena Sagan and Ketanji Brown Jackson.

“The Supreme Court of the United States declares that a particular kind of business, though open to the public, has a constitutional right to refuse to serve members of a protected class. The Court does so for the first time in its history. By issuing this new license to discriminate in a case brought by a company that seeks to deny same-sex couples the full and equal enjoyment of its services, the immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status.”

“In this way, the decision itself inflicts a kind of stigmatic harm, on top of any harm caused by denials of service. The opinion of the Court is, quite literally, a notice that reads: ‘Some services may be denied to same-sex couples.'”

Justice Sotomayor goes on to acknowledge that “Lesbian, gay, bisexual, and transgender (LGBT) people, no less than anyone else, deserve that dignity and freedom. The movement for LGBT rights, and the resulting expansion of state and local laws to secure gender and sexual minorities’ full and equal enjoyment of publicly available goods and services, is the latest chapter of this great American story.”

“LGBT people have existed for all of human history. And as sure as they have existed, others have sought to deny their existence, and to exclude them from public life. Those who would subordinate LGBT people have often done so with the backing of law.”

READ MORE: Biden Explains Calling Supreme Court ‘Not Normal’ While Warning to Not ‘Politicize It’

Justice Sotomayor began her dissent by reminding her fellow justices, “Five years ago, this Court recognized the ‘general rule’ that religious and philosophical objections to gay marriage ‘do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.”

“The Court also recognized the ‘serious stigma’ that would result if ‘purveyors of goods and services who object to gay marriages for moral and religious reasons’ were ‘allowed to put up signs saying ‘no goods or services will be sold if they will be used for gay marriages.’ ‘ ”

Adding that, “a public accommodations law ensures equal dignity in the common market,” Sotomayor’s empathy continues:

“Around the country, there has been a backlash to the movement for liberty and equality for gender and sexual minorities. New forms of inclusion have been met with reactionary exclusion. This is heartbreaking. Sadly, it is also familiar. When the civil rights and women’s rights movements sought equality in public life, some public establishments refused. Some even claimed, based on sincere religious beliefs, constitutional rights to discriminate. The brave Justices who once sat on this Court decisively rejected those claims.”

Justice Sotomayor also ensured her concerns were supported by real-life, actual examples.

Citing case law, she states:

When a young Jewish girl and her parents come across a business with a sign out front that says, “ ‘No dogs or Jews allowed,’” the fact that another business might serve her family does not redress that “stigmatizing injury,” …  Or, put another way, “the hardship Jackie Robinson suffered when on the road” with his base- ball team “was not an inability to find some hotel that would have him; it was the indignity of not being allowed to stay in the same hotel as his white teammates.”

Sotomayor continues, writing, “imagine a funeral home in rural Mississippi agrees to transport and cremate the body of an elderly man who has passed away, and to host a memorial lunch. Upon learning that the man’s surviving spouse is also a man, however, the funeral home refuses to deal with the family.”

“Grief stricken, and now isolated and humiliated, the family desperately searches for another funeral home that will take the body. They eventually find one more than 70 miles away.”

READ MORE: ‘It’s Like God Has Won All This Land for Us’: Christian Nationalists Launch ‘Major Push’ to Take Advantage of Far-Right SCOTUS

Sotomayor also offers another example, which does not appear to be from case law.

“A professional photographer is generally free to choose her subjects. She can make a living taking photos of flowers or celebrities. The State does not regulate that choice. If the photographer opens a portrait photography business to the public, however, the business may not deny to any person, because of race, sex, national origin, or other protected characteristic, the full and equal enjoyment of whatever services the business chooses to offer. That is so even though portrait photography services are customized and expressive. If the business offers school photos, it may not deny those services to multiracial children because the owner does not want to create any speech indicating that interracial couples are acceptable. If the business offers corporate headshots, it may not deny those services to women because the owner believes a woman’s place is in the home. And if the business offers passport photos, it may not deny those services to Mexican Americans because the owner opposes immigration from Mexico,” she writes. “The same is true for sexual-orientation discrimination.”

In her conclusion, Justice Sotomayor writes, “The unattractive lesson of the majority opinion is this: What’s mine is mine, and what’s yours is yours. The lesson of the history of public accommodations laws is altogether different. It is that in a free and democratic society, there can be no social castes. And for that to be true, it must be true in the public market. For the ‘promise of freedom’ is an empty one if the Government is ‘powerless to assure that a dollar in the hands of [one person] will purchase the same thing as a dollar in the hands of a[nother].'”

“Because the Court today retreats from that promise, I dissent.”

 

 

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ANALYSIS

From Iowa to Georgia the Red Wall Is Cracking — and Trump Is the Wrecking Ball

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President Donald Trump’s historic unpopularity is taking a toll on Republican candidates, with once-solidly-red states showing deepening blue cracks as his Iran war, gas and food prices, inflation, and overall economic uncertainty take hold of voters.

The signs have been there: the massive “No Kings” protests, the breaks by once-devout MAGA allies, Fox News acknowledging that Trump is “underwater” with voters, the mass exodus of Republicans from Congress, historically low consumer sentiment, and, of course, the polls.

Trump’s approval rating has been characterized as lower than any modern-day president’s at this point in their term.

According to The Economist, Trump’s approval rating is at 37 percent, and his disapproval rating is at 56 percent.  That’s a net negative of 19 points.

It’s worse in the red state of Georgia, where Trump is 23 points underwater.

According to the Atlanta Journal-Constitution’s Greg Bluestein, 56 percent of voters in the Peach State disapprove of Trump’s handling of rising gas prices. 57 percent say the money spent on his Iran war is contributing to higher prices and uncertainty. And 53 percent disapprove of his handling of the Iran war.

READ MORE: ‘He Reported to Me in Detail’: Netanyahu’s Boast on Vance Fuels Blowback

The Cook Political Report’s Jessica Taylor reports that they have just moved the Georgia Senate race from Toss Up to Lean Democratic.

“Some of this is outside of GOP candidates’ control,” Taylor writes, “and Trump is hurting them so much right now on Iran/gas prices when voters uniformly say their top worry is the economy.”

She also reports that Cook Political has moved three other Senate races toward the Democrats: North Carolina (Toss Up to Lean Democratic), Ohio (Lean Republican to Toss Up), and Nebraska (Solid Republican to Lean Republican).

“Right now, we see the likeliest outcome is a 1 to 3 seat Democratic pickup – just short of 4 they need” to take control of the Senate majority, Taylor writes.

Democrats have high hopes in other states as well, including Alaska, where Trump is 12 points underwater;  Maine, where he is 25 points underwater; and Texas, where he is 19 points underwater.

And Iowa, where Trump is underwater by 14 points, according to The Economist.

“Iowa looks to be seriously in play for Democrats in November up and down the ballot, according to a new survey from a Democratic group that backs moderate candidates,” Politico reports.

Democrat Rob Sand is leading Republican Randy Feenstra in the Iowa governor’s race — by eight points, while Republicans hold “slim leads” in the Senate race.

The Republicans’ Senate Leadership Fund is expected to pour millions into Iowa, “making it one of five GOP-held states where they’ve made a major investment as they fight to keep the majority.”

Former Obama official Tommy Vietor notes that “Iowa really does look competitive this year. It’s a combination of Trump fatigue, economy/inflation, and tariffs crushing farmers. Dem pickup opportunities include: Governor, US Senate, three House races (dream big and its all four), and its WAY cheaper than other states.”

READ MORE: White House Fires Back After President’s Doctor Is Asked to Test Trump’s Mental Fitness

 

Image via Reuters 

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ANALYSIS

Fox News Makes Stunning Break From Trump

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Fox News has published a striking assessment of President Donald Trump’s political standing ahead of the midterms.

In a Friday article about the president’s firing of Attorney General Pam Bondi, the conservative outlet reported that other Cabinet officials could also be on the “chopping block” — and offered a blunt assessment: Trump is “saddled with underwater approval ratings and an unpopular war ahead of this year’s crucial midterm elections, when Republicans are working to hold onto their slim House and Senate majorities.”

Last month, Fox News acknowledged that the Republican Party is “underwater” with voters, while reporting that Democrats had sunk to a “new low.” Fox News rarely applies the term “underwater” to Republicans, a search of the outlet’s website revealed.

On Wednesday, Fox News reported that “polls indicate” the war in Iran is “unpopular with many Americans, and a surge in gas prices as a direct result of the fighting have triggered a further slide in Trump’s standing in public opinion surveys.”

READ MORE: ‘Darker Clouds’: Experts Warn the Unemployment Drop Is a Warning Sign

That report noted at the top that “Trump stands at 41% approval and 59% disapproval in the most recent Fox News national poll.”

“The political implications are clear,” the report added. “The strikes on Iran and the erosion of the president’s approval ratings are warning signs for the GOP as Republicans ramp up to defend their slim House and Senate majorities in this autumn’s midterm elections.”

It also added that “Trump’s base remains extremely supportive of the president and the war,” and that “much of the slippage” is coming from “non-MAGA Republicans.”

Friday’s blunt Fox News language comes one day after Mediaite’s Colby Hall wrote an opinion piece about the Fox News channel, titled: “Fox News Viewers Have No Clue Trump’s Approval Rating Has Cratered.”

“President Donald Trump is currently enduring the most significant and sustained approval rating decline of his presidency, and the most-watched news network in America is virtually ignoring it,” Hall wrote.

READ MORE: ‘Come Personally to His Aid’: Group Warns Trump Could Install Two Loyalists on SCOTUS

Image via Reuters

 

 

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ANALYSIS

House Republicans Quietly Slip Anti-LGBTQ ‘Religious Freedom’ Clause Into Funding Bill

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House Republicans have inserted anti-LGBTQ language into a $66 billion must-pass funding bill for the U.S. Department of Homeland Security, effectively granting civil immunity under federal law to individuals and organizations that discriminate against same-sex couples—by citing a religious or moral belief that marriage should be limited to one man and one woman. It also bans the federal government from taking a range of actions against those who hold and act on anti-same-sex marriage beliefs.

Section 544 bans the use of federal funds to take any “discriminatory action” against someone who cites their “sincerely held religious belief” or “moral  conviction” that marriage is only “a union of one man and one woman.”

A portion of the provision exactly matches language U.S. Rep. Chip Roy (R-TX) urged the House Appropriations Committee to include in 2023 legislation. Rep. Roy cited praise from anti-LGBTQ hate group leader Tony Perkins and other anti-LGBTQ activists in his press release urging inclusion of the amendment in a 2023 bill. It is not known who drafted or approved the current 2025 provision.

READ MORE: ‘Absolutely Incredible’: Dr. Oz Slammed for Telling Medicaid Users to ‘Prove You Matter’

Journalist Jamie Dupree, who writes Regular Order at Substack, first reported on the provision in the DHS funding bill.

The language could prohibit the government from withholding federal funds from a federally-funded religious school that fired a teacher who supports same-sex marriage. It could block the IRS from revoking the tax-exempt status of organizations that promote the belief that marriage is only between one man and one woman. It could ban the federal government from taking action against a hospital that receives federal funds if it refused certain services in some cases.

While the language is not found in The Heritage Foundation’s Project 2025, some of the core principles in Section 544 echo its recommendations.

Project 2025 calls on the federal government to “Protect faith-based grant recipients from religious liberty violations and maintain a biblically based, social science–reinforced definition of marriage and family,” and “Provide robust protections for religious employers,” while it denounces “the bullying LGBTQ+ agenda.”

READ MORE: ‘He. Is. Lying.’: GOP Senator Ripped for Spinning Medicaid Cuts as ‘Transitioning’

 

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