5min chapter

Strict Scrutiny cover image

How the 303 Creative case threatens to roll back the 21st century

Strict Scrutiny

CHAPTER

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

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