
How the 303 Creative case threatens to roll back the 21st century
Strict Scrutiny
00:00
Is There a Separation Between Status and Conduct?
Lawrence, nearly 20 years ago, struck down state criminal prohibitions on same sex. And I thought, kind of eradicated this false line between status and conduct. So here we are. But it did feel like this argument was unfolding in a pre-Lorence world. It is actually the same line of argument that cake artist Jack Phillips used in masterpiece Cake Shop. He insisted that he was 100% happy to furnish a gay man or lesbian with a rainbow birthday cake, because they were born. That's what these laws do. A statute that racially classified based on sexual orientation would look very different. What these statutes do is they have disparate impact. We're not asking about your reasons
Transcript
Play full episode