How the 303 Creative case threatens to roll back the 21st century
Strict Scrutiny
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Do You Know What the Court's Answer to the Opposition to Gay Marriage Is?
At one point, she did come pretty close to saying that you can discriminate on the basis of sexual orientation in a way that you can't discriminate on the based of race. Wagner also sort of seemed to say the court would have to protect the speech, meaning she would have to protection the photographer who doesn't want to let the black families participate in the staged photograph. So I genuinely didn't know what her answer to this was and I found it maddening because it's such an important question.
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