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Court: Kentucky print shop doesn’t have to print t-shirt it disagrees with [Lavender Mafia defeat]
Overlawyered ^ | 5/15/17 | Walter Olsen

Posted on 05/15/2017 2:26:05 AM PDT by markomalley

Freedom should mean freedom for everyone, so stop trying to use laws to force people to utter and print words in which they disbelieve:

A Kentucky appellate court on Friday ruled that the Christian owner of a printing shop in Lexington had the right to refuse to make T-shirts promoting a local gay pride festival.

[Jacob Gershman, Wall Street Journal] As Eugene Volokh notes, the “three-judge panel ruled, on a 2-1 vote, that Adamson’s actions didn’t violate the ordinance (and thus avoided having to decide whether he had a First Amendment right, under the ‘compelled speech’ doctrine, not to be forced to print messages of which he disapproved).” The majority opinion found that the ordinance did not prohibit discrimination based on “message or viewpoint”; a concurring judge also cited Kentucky’s version of RFRA, reasoning that the law as interpreted burdened the owners’ religious practice and the state had not shown it minimized burdens in the course of serving a compelling purpose.

Opinion here and earlier on the case here, here, and here. And I’m happy to report that Cato, along with UCLA law professor and First Amendment specialist Volokh, filed an amicus brief in support of this outcome (though urging it on direct First Amendment grounds).



TOPICS: Government; Politics
KEYWORDS:

1 posted on 05/15/2017 2:26:05 AM PDT by markomalley
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To: markomalley

Praise be to God!


2 posted on 05/15/2017 2:36:11 AM PDT by skr (May God confound the enemy)
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To: markomalley

Seems to me that all these businesses need is a contract requiring a non-refundable deposit and fine print stating something to the effect of “final results cannot be guaranteed”, and accept the job.


3 posted on 05/15/2017 2:52:49 AM PDT by fso301
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To: markomalley

Kentucky Courts still abide by our Constitution. Look no further than the East and West Coasts for 90% of the problems in this country. The heartland of America is just fine.


4 posted on 05/15/2017 3:02:36 AM PDT by jazzlite
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To: markomalley

“We reserve the right to refuse service to anyone”. That should be unconditional, regardless of what someone says you’re thinking while doing it.


5 posted on 05/15/2017 3:08:32 AM PDT by Telepathic Intruder
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To: jazzlite

They avoided the const8tutional issue.


6 posted on 05/15/2017 3:40:56 AM PDT by TexasGator
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To: Telepathic Intruder
Agree. This is were the civil rights acts went to far in my opinion. It should clearly be against the law for the government to discriminate on the basis of race, religion, etc., but private business owners should be able to discriminate for any reason they want. Don't like it, then don't do business with them.
7 posted on 05/15/2017 3:44:11 AM PDT by OIFVeteran
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To: jazzlite
"..Kentucky Courts still abide by our Constitution. Look no further than the East and West Coasts for 90% of the problems in this country. The heartland of America is just fine.."

Before ya get on too high of a horse we have Kentucky to thank for Mitch McConnell.

8 posted on 05/15/2017 3:53:34 AM PDT by CopperTop (Outside the wire it's just us chickens. Dig?)
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To: CopperTop

At least he is not a judge


9 posted on 05/15/2017 4:00:11 AM PDT by Nailbiter
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To: OIFVeteran

Not only that, but be able to hire and fire whoever they want for whatever reason they want. Don’t like it? Don’t work there. No one should be forced to pay for a service they don’t want either.


10 posted on 05/15/2017 4:00:19 AM PDT by Telepathic Intruder
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To: skr

Any good news on that front is more than welcome.


11 posted on 05/15/2017 4:13:28 AM PDT by Ronin (Blackface or bolt-ons, it's the same fraud. - Norm Lenhart)
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To: markomalley

What a pathetic existence it must be to be a mentally diseased sodomite that is looking to file frivolous lawsuits everywhere they go!


12 posted on 05/15/2017 4:18:22 AM PDT by Roman_War_Criminal (Americans are modern day Amorites ripe for destruction)
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To: markomalley

Individual liberty is the basis of our nation and the main thrust of our Constitution and Declaration of Independence.

We have lost our way of late and our judicial institutions have been corrupt from our origins and criminal in their intent to destroy that which they were chosen to protect and defend.

This decision is a breath of fresh air, but only a baby step towards fixing the thing.


13 posted on 05/15/2017 4:28:26 AM PDT by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Vaquero

Finally, a judge with a brain!! Wonders never cease.


14 posted on 05/15/2017 4:37:58 AM PDT by DaveA37
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To: markomalley

So CNN doesn’t have to run a Trump ad because it disagrees with the content?


15 posted on 05/15/2017 4:55:19 AM PDT by FatherofFive (Islam is EVIL and needs to be eradicated)
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To: markomalley
Good Job Kentucky! Almost makes up for that awful jelly.

16 posted on 05/15/2017 4:58:46 AM PDT by outofsalt ( If history teaches us anything it's that history rarely teaches us anything)
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To: All

Wasn’t there a bakery in the northeast sued for refusing to bake a cake for a gay wedding? That was news for a year. The double standard is amazing. This is a total different country that I grew up in, I’m only 50.


17 posted on 05/15/2017 5:03:43 AM PDT by In God I trust
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To: All

Wasn’t there a bakery in the northeast sued for refusing to bake a cake for a gay wedding? That was news for a year. The double standard is amazing. This is a total different country that I grew up in, I’m only 50.


18 posted on 05/15/2017 5:04:18 AM PDT by In God I trust
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To: markomalley

There was no way lavender mafia had a chance in Kentucky. The Baronelle Stutzman phenomena is the result of state and local laws, so it’s naturally happening in blue states.


19 posted on 05/15/2017 5:12:08 AM PDT by Mafe
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To: markomalley

But, will they have to bake them a cake? People can live without t-shirts, but cake................


20 posted on 05/15/2017 5:33:56 AM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
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