this post was submitted on 01 Jul 2023
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Malicious Compliance
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There was a previous case that said the cake shop couldn't discriminate. The court threw out that precedent and let the web designer discriminate.
Makes sense, I think I remember reading about that case a bit ago. Maybe the court is trying split hairs between content generation and modification. With these cases though, both are so intertwined that there's a huge grey area that could be argued either way to the point that ruling for either side would still have arguments against.
They could also just have no idea that the changes for same-sex vs different to the website design should be more or less topical and the underlying code wouldn't really be different. Actually... Pretty much just like changing the frosting color from pink to blue, or green.
Either way, this whole discrimination thing for something you don't believe in just needs to be dropped.
The court is simply throwing out precedent to allow discrimination just like they threw out precedent to allow state abortion bans. It's not about legal hair splitting or any kind of logic, just pushing their right wing extremist agenda.
Scarcely. Read the majority opinion. It specifically carves out an exception for "creative works" (or whatever the exact term is, I honestly don't remember) which in effect says that you cannot be forced by law to create something that espouses a position or creed with which you disagree.
As of right now I don't have a strong opinion on the ruling either way, but I think it's worth getting what it says right before we condemn it.
I lean towards thinking that it makes distinctions with which I agree, but I'm going to withhold judgement until I learn more about the arguments and we have a better sense of how it's going to play out in practice.
The Supreme Court is a fucking joke, none of their opinions deserve serious consideration. They're nothing but right wing ideologues pursuing their racist, sexist, homophobic, and anti-worker agenda.