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Sabeel Rahmansabeel.rahman at Alice Ristrophalice.ristroph at Neil Siegelsiegel at edu David Superdavid.super at law.Brian Tamanahabtamanaha at wulaw.Nelson Tebbenelson.tebbe at Mark Tushnetmtushnet at law.Adam Winklerwinkler at Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts State "Hostility" to Religion Without Religious Discrimination? To be sure, several of the Justices, and Solicitor General Francisco, raised hypothetical cases in which there might be greater sympathy for a businessperson’s right to discriminate.: The Unexpected Free Exercise Issue Lurking in Masterpiece Cakeshop Just A Few Blogs ACS Weblog Alas, a Blog Althouse Arts and Letters Daily Atrios (Eschaton) Bad Attitudes Bill of Health Buzz Machine Cairns (Beth Noveck) Cato at Liberty Juan Cole (Informed Comment) Concurring Opinions The Constitution in 2020 Corrente Crooked Timber Daily Howler Daily Kos Dana Boyd Brad De Long Digby (Hullabaloo) Discriminations Daniel Drezner Kevin Drum (Mother Jones) Electrolite En Banc Eunomia (Daniel Larison) Fafblog Michael Froomkin ( Rick Hasen (Election Law) History News Network How Appealing Ignatz (Sam Heldman) The Importance of (Ernie Miller) Infolaw Instapundit International Economic Law and Policy Blog Int Law Grrls Jacob Levy Jesus' General Jurisdynamics The Kitchen Cabinet Mark Kleiman Law Blog Central Larry Lessig Lawyers, Guns and Money Liberal Oasis Brian Leiter's Law School Reports The Leiter Reports Marginal Revolution Megan Mc Ardle Memeorandum Metafilter Mirror of Justice The New Republic Newseum No More Mister Nice Blog Brendan Nyhan Opinio Juris Orcinus The Originalism Blog Pandagon Passport (Foreign Policy) Overcoming Bias Political Animal (Washington Monthly) Political Theory Daily Review Political Wire (Taegan Goddard) The Poor Man Virginia Postrel Prawfsblawg Public Reason Jonathan Rauch Raw Story Redstate Religious Left Reporters Committee For Freedom of the Press Reproductive Rights Blog Rothman's Roadmap to the Right of Publicity SCOTUS Blog Seeing the Forest Clay Shirky The Shifted Librarian The Situationist Larry Solum (Legal Theory) Andrew Sullivan Talking Points Memo Talk Left Tapped Tbogg Tech President The Paper Chase (Jurist) Tom Paine Tom Tomorrow (This Modern World) Eve Tushnet Uggabugga University of Chicago Law School Faculty Blog Unqualified Offerings The Volokh Conspiracy War and Piece (Laura Rozen) Wampum Oliver Willis Wonkette Written Description Matthew Yglesias Yin Your Choice of Feeds 1. Most of those hypos, however, described conduct that the Colorado public accommodations law does not prohibit, and others are not likely to result in many, if any, actual cases (such as Justice Alito’s example of a discriminatory refusal by a company that ghost-writes wedding vows).

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Far from demonstrating hostility to religion, I think any fair reader would agree that Justice Bosson’s opinion comes about as close to capturing the core lessons of Justice Kennedy’s opinion—including his remarks about respecting the rights of religious believers to continue to adhere to and advocate for their beliefs—as one could possibly hope for.

Likewise, former Colorado Commissioner Jairim, who expressly embraced, and was trying to summarize, Justice Bosson’s remarks, was also merely describing the “compromises” in commercial conduct that are necessary when members of the community hold such irreconcilable views about questions involving marriage and sexuality—views that they may continue to hold, to teach and to advocate, even while they are required to treat customers equally.

Moreover, the notoriety of these "compelled speech through services" cases has, in my view, far exceeded the practical significance of the constitutional question: I believe there will be many fewer of these claims-for-exemption in the next few years than many people assume—and that therefore there is no great urgency for the Court to act. That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world.

(Indeed, I’d wager that ten or twenty years from now, these cases will be virtually nonexistent.) Justice Kennedy asked whether the state court judgment could stand if “at least one member of the [Colorado Civil Rights] Commission” based his or her decision “in significant part . In short, I would say to the Huguenins, with the utmost respect: it is the price of citizenship. Justice Bosson wrote those words in August 2013, almost two years before Justice Kennedy’s opinion for the Court in Obergefell.

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