Wednesday, March 19, 2014

Volokh: "Choosing What to Photograph Is a Form of Speech"

"The past year has been good to advocates of marriage equality. The Supreme Court struck down the part of the Defense of Marriage Act that denied federal benefits to lawfully married same-sex couples. Six more states extended marriage rights to same-sex couples—Illinois will join them June 1, becoming the 17th state overall—and federal courts struck down same-sex marriage bans in four more states (now on appeal)."
We support the extension of marriage to same-sex couples. Yet too many who agree with us on that issue think little of subverting the liberties of those who oppose gay marriage. Increasingly, legislative and judicial actions sacrifice individual rights at the altar of antidiscrimination law. READ MORE (bold mine, for emphasis)
The article concluded...
The Supreme Court's ruling in Wooley guarantees the right of photographers, writers, actors, painters, actors, and singers to decide which commissions, roles or gigs they take, and which they reject. But the ruling does not necessarily apply to others who do not engage in constitutionally protected speech. The U.S. Supreme Court can rule in favor of Elane Photography on freedom-of-speech grounds without affecting how antidiscrimination law covers caterers, hotels, limousine drivers, and the like. That's a separate issue that mostly implicates state religious-freedom laws in the more than two-dozen states that have them.

The First Amendment secures an important right to which all speakers are entitled—whether religious or secular, liberal or conservative, pro- or anti-gay-marriage. A commitment to legal equality can't justify the restriction of that right.
Wall Street Journal

8 comments:

Trooper York said...

This is all well and good but the forces pushing same sex marriage are not concerned with Free Speech or in fact civil rights. Their campaign is to legitimize and homogenize their point of view to the exclusion of all others. Personal religious beliefs are not protected in the view of progressives. They are to be mocked, denigrated and eradicated by the force of law. Nothing will change that.

Trooper York said...

They will demand the right to tell churches what sacraments will be administered to their congregation.

If you don't think that is the fact then you are delusional.

Revenant said...

Of course they will demand it.

And I demand that the government slash spending by 80% and cut my taxes by 50%. It turns out demanding stuff doesn't make it happen.

Trooper York said...

Tell that to the baker who is spending so much money because he doesn't want to bake a cake. Tell it to Hobby Lobby because they don't want to provide abortion and birth control services. Tell it to the Little Sisters of the Poor who don't feel that they have to offer pregnancy, pre-natal and drug rehab to nuns.

The progressives want to make all religions to conform to their ideas. No room for tolerance of different views. No room for practice of religion.

The proof is right in front of your face.

Trooper York said...

Obama demanded that babies be left to die on a cold metal table if they were born in botched abortion.

Trooper York said...

Andy Cuomo demanded that you don't have to be a doctor to perform an abortion and babies can be killed in their ninth month on a mothers whim.

So far it hasn't passed. But it is only a matter of time as the progressive continue their assault on traditional values.

Trooper York said...

Don't kid yourself that electing a progressive will not produce attacks on religious people.

It happens all the time.

Trooper York said...
This comment has been removed by the author.