, was a “good in and of itself,” but combating discrimination “is, like individual autonomy, ‘essential’ to our democratic ideals.”, the chief judge of the 10th Circuit focused on compelled speech. He criticized the panel for taking “the remarkable – and novel – stance that the government may force Ms. Smith to produce messages that violate her conscience.
Gorsuch reviewed the Supreme Court’s cases protecting the rights of individuals not to express themselves. In 1943’s While noting the “vital role public accommodations laws play in realizing the civil rights of all Americans,”that Colorado could not “force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance.”
in any meaningful sense, factual or legal.” If Smith wants to “advocate the idea that same-sex marriage betrays God’s laws,” Sotomayor made it clear that she can.