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2023 Annual Supreme Court Review

Live at the National Constitution Center

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The Toughness of Colorado's Same Sex Marriage Case

Lori Smith is very clear that her view is that same sex marriage is quote false marriage. That's a religious view. And it's very, very hard although the court treats it as a pure speech problem to sort of see where religion isn't sort of everywhere and nowhere in this decision. This is treated as a sort of pre-enforcement challenge. It's also I think a case in which there's no one on the other sideUnlike Jack Phillips in the masterpiece cake shop where we had actual plaintiffs who were refused service,. Here there's nobody. There's only one party whose story is told in this suit.

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