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Strict Scrutiny on the Supreme Court’s Student Debt Relief and Gay Rights Decisions

Jun 30, 2023
Leah Litman, Kate Shaw, and Melissa Murray, all constitutional law professors and co-hosts of the Strict Scrutiny podcast, dive deep into the recent Supreme Court rulings on student debt relief and LGBTQ+ rights. They unpack the implications of allowing businesses to refuse service to protected classes, particularly in a wedding website case. The hosts express frustration over the court's decisions, emphasizing the significant impact on marginalized communities and the normalization of discrimination. With humor and insight, they critique the court's reasoning and explore potential responses to these rulings.
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INSIGHT

Constitutional Right to Refuse Service

  • The Supreme Court's decision in 303 Creative v. Elenis establishes a constitutional right for businesses to refuse service to protected groups.
  • This marks the first time in history such a right has been recognized.
INSIGHT

Speechy Business Activities

  • The 303 Creative decision hinges on whether a business activity is considered "speechy."
  • This determination appears subjective, raising concerns about future applications of this precedent.
ANECDOTE

Website Request Fabrication?

  • Reporting revealed that the website designer's claim of being asked to create a same-sex wedding website may be fabricated.
  • The alleged requestor, Stuart, is a straight man married to a woman.
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