Sotomayor condemned the Court, the very bench she sits on, today in her dissent.
When the civil rights and women’s rights movements sought equality in public life, some public establishments refused. Some even claimed, based on sincere religious beliefs, constitutional rights to discriminate. The brave Justices who once sat on this Court decisively rejected those claims.
And the majority's opinion, they pat themselves on the back by attempting to indicate a limited nature to the degree that the first amendment overrides the protected class status.
the First Amendment protects acts of expressive association.
Which all of this does is now hinge "protected classes" on "expressive association". And where is the line? In this case, the line was "the website will be using the webmaster's words". That is the person designing the website is speaking about an event the occurred rather than the people in the event talking about the event that occurred.
And it's important to understand, that there is a major difference between "public accommodations" and "private clubs". Private clubs can openly discriminate as they see fit, they openly indicate they hold no duty to accept the public at large. 303 Creative (the web company in question) is explicitly operating as a public accommodation. And SCOTUS has seen fit today to accept that a company operating as such may openly discriminate because the end product the website will produce has some magical (but ill-defined) amount of their expressiveness put into the end product, that it somehow is more the person who created it and less the person who bought it.
Sotomayor is rightly so to be beside herself in her dissent. This is a crack in something that's been pretty rock solid. And with any crack, while today this doesn't open season discrimination, but this sure as shit gives a big fucking door for that "expressiveness" line to be broaden. And given how quickly we've gone from Dobbs to 303 Creative (again that speed is also noted by Sotomayor), that "expressiveness" is absolutely going to be broaden considerably within the lifespan of everyone who is reading this comment.
It's not just 303 Creative finally cracking the protective shell of "protected class", it is the speed at which SCOTUS has been dismantling things that should absolutely bring chills. 303 is one thing, the blinding speed at which all of this has been happening is otherworldly in even the most optimistic attempt to take today's loss for the LGBTQA+ community. If the last three years have been the tip of the iceberg, the iceberg itself is something no words have the ability to convey properly the degree of horrors that await the LGBTQA+ community.