3min chapter

Strict Scrutiny cover image

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

Strict Scrutiny

CHAPTER

What's Going on in the Supreme Court?

There is no factual record here that would even give us a couple of gay litigants like we had in Masterpiece Cake Shop. And so I think a large part of how this argument came off and why it was so bonkers in terms of the hypotheticals is that there are no real facts here. There actually weren't any other parties or players who were concretely involved in this particular dispute, although they will be inevitably impacted by whatever the court decides.

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