"The Supreme Court just announced a new, vague category of businesses that have a constitutional right to discriminate against anyone for any reason they like. I’d like to explain to you what the law is now. I can’t do that, because it can’t be done. 303 Creative v. Elenis concerned Lorie Smith, who owns a graphic design firm. She wants to expand her business to include custom-designed wedding websites, but she opposes same-sex marriage on religious grounds. So she won’t design sites for same-sex weddings and wants to say that on her own promotional website. But the Colorado Anti-Discrimination Act (CADA) bans businesses that are open to the public from discriminating against gay people or announcing their intent to do so. She sued the state, seeking a preemptive ruling that this law couldn’t be applied against her. Supreme Court Justice Neil Gorsuch, writing for the majority, agreed: First Amendment free speech means that law may not “compel an individual to create speech she does not believe.” He relied on a 1943 case holding that schoolchildren could not be compelled to say the Pledge of Allegiance, in which the court said that “no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.” The analogy is strained. The children could not possibly avoid the compulsion to say the pledge, but no one is required by law to operate a business that is open to the public. Now, however, some of those businesses can discriminate against potential customers or clients. Which ones? It depends on how expressive they are. How can courts decide that? Where is the line?"