Freethinkers of Colorado Springs Formal Response to the United States Supreme Court’s Creative LLC v. Elenis Decision of June 30, 2023
The United States Supreme Court Creative LLC v. Elenis decision of June 30, 2023 appears to violate countless ideals of American freedom by: apparently violating American citizen’s hard won civil right, human freedom, and everyday expectation not to be discriminated against in public accommodation; appears to invalidate many states’ laws prohibiting discrimination in public accommodation; appears to violate the 14th Amendment to the United States Constitution’s guarantee of equal protection of the laws; and appears to violate at least the intent of the Civil Rights Act of 1964.
Specifically, the second, third, and fourth clauses of Section 1 of the 14th Amendment to the United States Constitution read as follows.
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. “
Creative LLC v. Elenis very obviously allows states to write laws that abridge the privileges or immunities of LGBTQ+ citizens of the United States. Creative LLC v. Elenis very obviously deprives LGBTQ+ Americans of access to property without due process of law. And Creative LLC v. Elenis very obviously denies LGBTQ+ Americans the equal protection of the laws.
Title 2 of the Civil Rights Act of 1964 reads in part as follows.
“(a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. “
Creative LLC v. Elenis very obviously denies LGBTQ+ Americans full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of various places of public accommodation. And Creative LLC v. Elenis very obviously subjects LGBTQ+ Americans to discrimination and possibly segregation.
In the 6-3 Creative LLC v. Elenis decision, the Supreme Court’s bloc of “conservative” members illogically ruled that a website designer’s “freedom of speech” is violated because the website designer is prohibited by law from refusing to provide services to (discriminate against) LGBT customers. The court endorsed the website designer’s deeply illogical claim that a state law prohibiting the website designer from discriminating against LGBT customers is in essence forcing the website designer to engage in “speech” communicating to visitors of the completed website that the designer of the site supports granting LGBT Americans equal access to marriage or that the designer of the site supports granting LGBT Americans equal civil rights, equal human freedoms, and equal protection of laws that the website designer in reality opposes.
It very much appears to defy reason and logic for Creative LLC and the Supreme Court majority to claim that being prohibited from discriminating against a protected class in the delivery of website design constitutes “speech” through which web designers somehow communicates website designer’s approval of the content published on the site, a situation that could apparently occur only if visitors to websites assume that the speech published on the website is not the speech of the website owner and operator, but the speech of the service provider who designed the website for the website owner. Holding such a belief is all but identical to the deeply illogical and obviously incorrect belief that the speech presented upon internet websites indexed by internet search engines is not the speech of various website owners and operators, but the speech of the internet search engine provider - or that the speech presented upon websites displayed by internet browser software is not the speech of various website owners and operators, but the speech of the of the creator of the browser software that accesses the internet search engine’s index of the internet.
Ironically, such convoluted, assumed “speech” can only be communicated by a website designer’s creation of a web site for a LGBT person’s wedding if the designer were able to legally discriminate against the LGBT community by refusing to create LBGT wedding websites. In other words, the type of “speech” that the conservative majority on the Supreme Court allegedly sought to remedy with the Creative LLC decision did not exist before the Creative LLC decision.
Specifically, the allegedly offending type of speech the conservative majority on the Supreme Court sought to quash through the Creative LLC did not exist before Creative LLC – and the exact same type of speech the Court’s conservative majority sought to prohibit was directly created by the conservative majority through the Creative LLC decision. In other words, since product and service providers and providers of public accommodation who oppose equal protection of the laws for LBGT(Q+) Americans can now legally discriminate against LGBT(Q+) Americans under the new Creative LLC “speech” paradigm, the act of providing products or services to LBGT(Q+) Americans now actually does constitute support for LGBT(Q+) equal rights – which subsequently exposes those who publicly provide products and services to their fellow LGBT(Q+) Americans to the exact same kind of unconstitutional and formerly legislatively illegal discrimination that LGBT(Q+) Americans themselves are now subject to under Creative LLC.
Therefore, it appears that the “free speech” argument in Creative LLC appears as a classic but sophisticated propagandistic red herring projection that seeks to confuse, manipulate, and surreptitiously create the exact same unconstitutional, illegal, and discriminatory behaviors that the Supreme Court claims that the Creative LLC decision ends. The Creative LLC v. Elenis decision appears as a thinly veiled, ridiculously obviously incorrect mechanism through which the conservative majority of the Supreme Court not only unethically used their power under the United States Constitution to unconstitutionally grant the color of law to their own personal religious beliefs (and the personal religious beliefs of their often fabulously wealthy and extremely generous “donors”) – but also through which the conservative majority of the Supreme Court created the exact same kind of discrete communication about the prejudicial views of the providers of public accommodation that the conservative majority on the Supreme Court obviously falsely claims the Creative LLC decision somehow prohibits.
The Freethinkers of Colorado Springs vigorously oppose the Creative LLC v. Elenis Supreme Court decision - and the June 24, 2022 Dobbs v. Jackson Women’s Health Organization decision, which openly and obviously violates critical components of the 1st, 4th, 5th, 8th, 13th, and 14th amendments to the United States Constitution - because both the Dobbs v. Jackson Women’s Health Organization decision and the Creative LLC v. Elenis Supreme Court decisions are obviously, openly, blatantly, and egregiously unconstitutional.
