Title : "Kentucky court rejects government attempt to punish printer for refusing to print ‘Lexington [Gay] Pride Festival’ T-shirt."
link : "Kentucky court rejects government attempt to punish printer for refusing to print ‘Lexington [Gay] Pride Festival’ T-shirt."
"Kentucky court rejects government attempt to punish printer for refusing to print ‘Lexington [Gay] Pride Festival’ T-shirt."
Eugene Volokh — who worked on an amicus brief in the case — explains the opinions.First, the panel split on whether the refusal to print a gay pride message was sexual orientation discrimination against particular individuals.... The majority said no....So they didn't have to reach the question whether there was a free-speech right that supersedes the statute. (Volokh had argued in an amicus brief that there is: "The government may not require Americans to help distribute speech of which they disapprove.")
[The concurring judge] also reasoned that the ordinance was preempted by the Kentucky Religious Freedom Restoration Statute.... He concluded that the ordinance, as interpreted by the commission, burdened the [Hands On Originals] owners’ religious practice, and thus the owners were entitled to an exemption unless denying the exemption was the least restrictive means of serving a compelling interests — a showing the government could not make....
Thus Article "Kentucky court rejects government attempt to punish printer for refusing to print ‘Lexington [Gay] Pride Festival’ T-shirt."
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