The Full Belmonte, 12/6/2022
Supreme Court seems to side with web designer opposed to same-sex marriage
Colorado’s Lorie Smith says being forced to create websites for gay couples would violate her right to free speech
Lorie Smith, owner of 303 Creative, poses at her studio in Littleton, Colo., on Nov. 15. (Rachel Woolf for The Washington Post)
“The Supreme Court’s conservative majority seemed sympathetic Monday to an evangelical Christian graphic artist from Colorado who does not want to create wedding websites for same-sex couples, despite the state’s protective anti-discrimination law.
Hypotheticals about mall Santas who are Black, interracial marriage and ‘reeducation programs’ for those who violate public-accommodation laws filled a sometimes testy hearing that lasted more than two hours. It was the court’s latest examination of the clash between laws requiring equal treatment for the LGBTQ community and those who say their religious beliefs lead them to regard same-sex marriages as ‘false.’
The case, 303 Creative LLC v. Elenis, comes amid rising public and political approval of gay marriage, and as Congress is on the cusp of passing legislation that would protect such unions in the event the Supreme Court backs away from the constitutional right it established in 2015.
At the same time, the Supreme Court has grown even more protective of religious and free speech rights. The court’s six conservative justices seemed amenable to business owner Lorie Smith’s argument that the state may not compel her to create speech that violates her religious belief that marriage is only between a man and a woman.
Several of the justices appeared to be looking for ways to narrow their decision, saying both sides in the dispute agreed, for example, that not all wedding vendors should be allowed to deny service to same-sex couples.
But the conservative justices also saw danger in Colorado’s enforcement of the law. Justice Samuel A. Alito Jr. imagined a company that offered to write custom wedding vows or toasts. ‘Can they be forced to write vows or speeches that espouse things they loathe?’ he asked.
The three liberal justices, in contrast, questioned whether the websites Smith would create would be her own speech or would simply reflect the wishes of the couples who hired her.
Justice Sonia Sotomayor recalled that the court in the past had required motels to open their doors to Black customers and that — in another long-ago case — a restaurant owner proposed to serve Black customers only from a takeout window because he said his religious beliefs did not countenance integration.
‘What you’re saying is,’ Sotomayor told Kristen Waggoner, the lawyer from the conservative Alliance Defending Freedom representing Smith, ‘I want to give gay couples a limited menu, not a full menu, just the way that luncheonette said.’
Later in the argument, Sotomayor said that if the justices found for Smith, it would be ‘the first time in the court’s history’ that it allowed a commercial business open to the public to say it could ‘refuse to serve a customer based on race, sex, religion or sexual orientation.’
Read the transcript from Monday's oral argument
Waggoner said that the case was about whether the government can force Smith to create a message she does not believe, and that changes in public opinion about same-sex marriage are irrelevant.
‘Cultural whims may shift, but the compelled speech doctrine should not,’ Waggoner said. ‘Compelled speech crushes the speaker’s conscience, and it is the tool of authoritarianism, which is why this court has never allowed it.’
The case is something of a follow-up to the court’s decision in 2018 when it ruled narrowly for Colorado baker Jack Phillips, who refused to create a wedding cake for a same-sex couple. The court left undisturbed, however, Colorado’s law that forbids companies open to the public from denying goods or services to customers based on ‘disability, race, creed, color, sex, sexual orientation, marital status, national origin, or ancestry.’
Graphic-designer Smith says that law violates her deeply held religious views and free speech rights by forcing her to create messages she does not believe.
Smith wants to create wedding websites to tell ‘through God’s lens’ the stories of heterosexual couples. And she wants to be able to explain to same-sex couples on her 303 Creative LLC website that she will not create such platforms for them.
Some of the court’s hypotheticals replaced sexual orientation with race.
Justice Ketanji Brown Jackson, the court’s first Black female justice, first brought up the mall Santa analogy, wondering whether a photographer who wanted to create the ambiance of the movie ‘It’s a Wonderful Life’ might be able to exclude Black children.
Alito countered by conjuring up a Black Santa at the other end of the mall who wanted to be free to refuse a photograph to a child wearing a Ku Klux Klan outfit.
Colorado Solicitor General Eric R. Olson said children wearing such outfits are not protected under the law. Justice Elena Kagan said that Santa could refuse anyone wearing such an outfit, regardless of their race.
There was nervous laughter in the audience when Alito replied: ‘You do see a lot of Black children in Ku Klux Klan outfits, right? … All the time.’
At this point, Smith’s objections are theoretical. She has not created websites for heterosexual couples and has not had to tell a same-sex couple that she would not work for them.
Two courts have ruled against Smith, saying Colorado has a compelling interest in requiring that businesses that are open to the public serve all of the state’s citizens.
When the high court took Smith’s case, it declined to hear her claim that Colorado’s law violates her religious freedom. Nor did it agree to hear her request to overturn Supreme Court precedent on neutral laws that might have implications for religious believers.
Instead, the justices propose to answer this question: ‘Whether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.’
The case comes before a court much changed since the 2018 cake bakery decision, in which the court said the state enforced the law unfairly against Phillips because of religious bias on the part of some. (Phillips is currently in litigation over his refusal to create a cake for a transgender customer.)
Justice Anthony M. Kennedy, who wrote the opinion in Phillips’s case as well as the court’s landmark decisions on gay rights, has retired. Also gone is a dissenter in the Phillips case, Justice Ruth Bader Ginsburg, who warned against treating same-sex couples who marry differently from opposite-sex ones.
Kennedy and Ginsburg were replaced by more-conservative justices on a court that has been protective of free speech rights and increasingly sympathetic to challenges brought by religious interests.” Read more at Washington Post
A High Mobility Artillery Rocket System, or Himars, in Ukraine’s northern Kherson region earlier this year.
PHOTO: HANNIBAL HANSCHKE/SHUTTERSTOCK
The U.S. secretly modified the Himars rocket launchers it gave Ukraine to keep Kyiv from firing missiles into Russia.
“U.S. officials said it was done to reduce the risk of a wider war with Moscow. Since June, Washington has supplied Ukrainian forces with 20 Himars and many satellite-guided rockets with a range of almost 50 miles. The alterations prevent the launchers from firing long-range missiles that can travel nearly 200 miles. The Pentagon, the White House and the Ukrainian military declined to comment.” Read more at Wall Street Journal
Democratic Sen. Raphael Warnock and Republican challenger Herschel Walker.
Georgia runoff
“It's election day in the runoff race for the US Senate between Democratic Sen. Raphael Warnock and Republican challenger Herschel Walker. After an impressive early voting period, voters in Georgia will head to the polls today to cast their ballots in what is expected to be a tight race, with both parties and allied groups pouring tens of millions of dollars into a contest that will shape the balance of power in the Senate over the next two years. While Democrats have already clinched control of the chamber, a victory for Warnock would give Senate Majority Leader Chuck Schumer a vote to spare and prevent any single lawmaker from possibly holding up the passage of legislation.” Read more at CNN
Georgia rerun: Picking the last senator
The runoff has drawn heavy turnout. Screenshot: CNN
“It's Election Day in Georgia — again, writes Emma Hurt of Axios Atlanta.
Why it matters: Georgia has had two high-profile runoffs in two years, and four elections in 2022 alone. Thousands of ads and text messages have jammed Georgians' TV, phones and radios.
The campaigns of Sen. Raphael Warnock (D) and Republican challenger Herschel Walker have spent $335 million on TV ads, including nearly $80 million in the runoff, NPR reports.
The saturation is such that Emma's sister once heard a first-grader, unprompted, parrot back a Warnock attack ad.
Reality check: Georgians are still showing up: Nearly 1.9 million ballots were cast ahead of Election Day.
What's next: Debate has begun about whether to change the runoff system. One proposal that has bipartisan support would replace general-election runoffs with an ‘instant runoff.’
Voters would rank candidate choices in order of preference. If no candidate receives more than 50% of the vote, results would be re-tabulated to take second choices into account.
Advocates argue it could save $75 million in election administration costs. And it could save voters weeks of political inundation.” Read more at Axios
Infrastructure sabotage
Downtown Southern Pines, N.C., at dusk yesterday. Photo: Zachery Eanes/Axios
“Almost 48 hours after Moore County, N.C., went dark when two power substations were attacked by gunfire, downtown Southern Pines was mostly silent yesterday.
A few generators powered a handful of local businesses struggling to remain open.
The outage has left nearly 40,000 homes and businesses without power in the county, 60 miles southwest of Raleigh.
Why it matters: Many questions are unanswered, including who fired the guns and why, report Zachery Eanes and Lucille Sherman of Axios Raleigh.
North Carolina Gov. Roy Cooper said at a news conference: ‘This kind of attack raises a new level of threat.’
Cooper said there was criminal intent, but stopped short of calling it an act of domestic terrorism.
Schools are closed for a second day. Blackouts could last for days.” Read more at Axios
Disabled Americans are waiting months to get benefits.
Increases in processing times for disability cases between the 2019 and 2022 fiscal years.
“Why? State Social Security offices that make benefits decisions have hit a breaking point. Staff shortages, low pay, old technology and bureaucratic issues are contributing to the crisis.
The numbers: Processing time has slowed the most in the southeast. In Florida, people are waiting an average of 225 days for a ruling on a claim, almost triple what it took in 2019.” Read more at Washington Post
Two generals’ foreign consulting deals set off a battle in the Air Force.
“What happened? The retired generals tried to profit off connections in Azerbaijan, a former Soviet republic rife with corruption. U.S. officials tried to stop them, fearing a scandal.
How we know this: The Post sued the Air Force after it repeatedly tried to keep information about the dispute from becoming public.
It’s part of a larger picture: Hundreds of U.S. veterans have taken lucrative jobs with foreign governments, mostly in countries known for human rights abuses, a Post investigation found.” Read more at Washington Post
Hawaii volcano
“Officials in Hawaii have activated the state's National Guard as lava from the eruption of Mauna Loa steadily inches closer to a critical highway. The fountains of lava that have been shooting from the volcano over the past week are not a threat to communities or property, officials have maintained, but the direction of the flow is threatening to shutter parts of the Daniel K. Inouye Highway that links the east and west sides of the Big Island. Closing the road would lengthen residents' commutes by hours, creating ‘a tremendous inconvenience,’ former Hawaii Gov. David Ige told CNN. Still, many have flocked to see the rare sight of Mauna Loa spewing lava at the same time as the nearby Kilauea volcano, which has been erupting since last year.” Read more at CNN
“Boosting protection | US Secretary of Defense Lloyd Austin said strengthening Ukraine’s air defenses is a top priority for the Pentagon as emergency power shutdowns were again imposed across the country to allow repairs to energy facilities hit by Russian missiles. Austin condemned Russia’s ‘brutal air attacks on Ukraine’s civilian infrastructure’ in talks with his counterpart in Kyiv, Oleksii Reznikov.” Read more at Bloomberg
“A third Russian airfield came under drone attack today after Moscow accused Ukraine of carrying out strikes yesterday against two bases used by its long-range bombers.” Read more at Bloomberg
“The Joe Biden administration is convening senior executives from oil and gas companies to brainstorm ways to help Ukraine reinforce its war-battered energy infrastructure.” Read more at Bloomberg
“Russia launched a fresh barrage of missiles toward Ukraine on Monday as it accused Kyiv of striking military airfields deep inside its territory. The attacks cut off water and electricity supplies in some areas amid freezing temperatures and killed at least one person, local authorities said. The port city of Odesa appears to be among the worst affected regions as officials say "all pumping station and reserve lines are without power -- thus consumers don't have water." In Ukraine's capital, Kyiv, about 40% of people are without power after an energy facility was hit on Monday, military officials said. Despite the strikes, Ukrainian President Volodymyr Zelensky has claimed a high success rate in intercepting the Russian missiles.” Read more at CNN
A satellite image of one of Ukraine’s targets in Russia yesterday.Maxar Tech
Indonesia’s Parliament votes to ban sex outside of marriage
By NINIEK KARMINI
“JAKARTA, Indonesia (AP) — Indonesia’s Parliament unanimously passed a long-awaited revision of the country’s penal code on Tuesday that criminalizes sex outside of marriage for citizens as well as foreigners, prohibits promotion of contraception and bans defamation of the president and state institutions.
The amended code also expands an existing blasphemy law and maintains a five-year prison term for deviations from the central tenets of Indonesia’s six recognized religions: Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism.
Citizens can face a 10-year prison term for associating with organizations that follow Marxist-Leninist ideology and a four-year sentence for spreading communism.
The code maintains the previous criminalization of abortion but adds exceptions for women with life-threatening medical conditions and for rape, provided that the fetus is less than 12 weeks old, in line with what is already provided in a 2004 Medical Practice Law.” Read more at AP News
“Xi Jinping is trying to turn a corner, showing he’s willing to begin putting the stringent Covid Zero policy behind him.
Yet, even as pandemic restrictions are slowly lifted bit by bit, life will return to a very different normal.
For years the Communist Party promised prosperity for its people in exchange for certain freedoms, but that social contract has changed under Xi.
Tough pandemic measures have crimped China’s economic growth. Lockdowns that stripped residents of autonomy have hardened the crackdown on political and civic freedoms under his leadership.
The eruption of sporadic but widespread protests in cities across the nation show just how intolerable pandemic controls are to many. While they’ve died down, the ramifications of this policy are still emerging: China’s younger generation is experiencing its first economic downturn, with youth employment levels close to a record low and the private sector offering fewer opportunities.
This rather grim reality is being driven home by the death of former leader Jiang Zemin, who presided over a period of remarkable prosperity and international openness during the 1990s and early 2000s. For all the political fanfare this week surrounding his passing, it’s hard to deny uncomfortable comparisons with Xi.
It was under Jiang, for instance, that China joined the World Trade Organization. By contrast, Xi’s determination to form an alternative international order is deepening fractures with some Western powers, even as he signals greater international engagement — tentatively planning to visit Saudi Arabia this month and cooperating with Washington’s technology curbs.
Like China’s rip-roaring markets, Xi may now be trying to put the difficulties of Covid behind him. That’s going to be a challenge as the full costs of Beijing’s isolation over the past three years have yet to be paid.”— Rebecca Choong Wilkins Read more at Bloomberg
A demonstrator holds a sign reading “There is faith in our soul” during a protest in Beijing on Nov. 27. Source: Bloomberg
“The Secret Service believes hackers tied to the Chinese government stole at least $20 million in U.S. COVID benefits.” (Vox) Read more at NBC News
“Brief reprieve | South Africa’s governing party will order its lawmakers to reject an independent panel’s report that President Cyril Ramaphosa may be guilty of violating the constitution, after he approached the nation’s top court to set the damning findings aside. The parliamentary debate on the scandal surrounding a theft of foreign currency from his game farm that could lead to his impeachment was delayed until next week.” Read more at Bloomberg
“The US has proposed selling Taiwan as many as 100 of its most advanced Patriot air-defense missiles along with radar and support equipment in a deal valued at $882 million.” Read more at Bloomberg
“Feeling the pressure | UK Prime Minister Rishi Sunak dropped plans to impose mandatory housebuilding targets on local councils in a major climbdown in the face of a brewing rebellion by Conservative lawmakers. The rollback on a flagship piece of legislation demonstrates how Sunak is beholden to his backbenchers, especially as he seeks to restore calm to government after a year in which the ruling Tories ousted two prime ministers.” Read more at Bloomberg
“Albanian Prime Minister Edi Rama accused the UK government of trying to create a narrative that blames his country for a rising number of asylum-seekers.” Read more at Bloomberg
Smoke and ash fill the sky after the Semeru volcano erupts in Indonesia. Photo: Anadolu Agency via Getty Images
“Nearly 2,000 people have evacuated after the eruption of the tallest volcano on Indonesia’s most populous island.” (Vox) Read more at Washington Post
FTX’s balance sheet was propped up by crypto tokens developed by founder Sam Bankman-Fried’s associates, a Wall Street Journal review found.
“Before its implosion last month, the crypto exchange seized billions of dollars worth of collateral from its trading arm, Alameda Research, to convince investors of its financial health. But a big chunk of the assets consisted of four thinly traded tokens that were likely worth far less than the $6.4 billion on its balance sheet, according to market data and crypto researchers. The tokens follow the same pattern Bankman-Fried used for FTX’s own token, FTT, which played a big role in the company’s collapse—launching tokens and using them to raise money.” Read more at Wall Street Journal
Restaurant and trade groups are seeking to overturn a California minimum-wage law for fast-food workers.
“A coalition known as Save Local Restaurants said it has submitted enough voter signatures for a ballot measure to try to halt the implementation of the first-of-its-kind mandate, set to take effect on Jan. 1. If the law goes to a referendum in 2024 and voters side against it, it could be struck down. The FAST Recovery Act would set the minimum wage for the industry as high as $22 an hour and establish new workplace standards.” Read more at Wall Street Journal
Flu cases surge
Illustration: Brendan Lynch/Axios
“The U.S. is in the midst of its worst flu season in over a decade, Axios' Adriel Bettelheim writes.
Flu-connected hospital admissions over Thanksgiving week almost doubled over the previous week.
What's happening: The return to pre-pandemic life has left us ‘immunologically naïve’ and more susceptible to infections, experts say.” Read more at Axios
“Hertz will pay $168 million to settle allegations that its customers were wrongfully arrested when the company falsely claimed their rental cars had been stolen.” (Vox) Read more at Wall Street Journal
Alternative-media industrial complex
Illustration: Aïda Amer/Axios
“Elon Musk is fueling an alternative-media ecosystem — right-leaning but not conventionally Republican — that has emerged in the last two years, Axios media trends expert Sara Fischer writes.
Why it matters: Feeding on resentment against mainstream media, new media players have established a power base via Substack newsletters, podcasts and other independent channels.
These writers — including Matt Taibbi, Bari Weiss and Glenn Greenwald — are being empowered by Musk's ownership of Twitter.
Musk gave Taibbi what the reporter and Substack author said were ‘thousands’ of internal Twitter documents. Musk promoted a Twitter thread by Taibbi chronicling the company's decision to limit distribution of the Hunter Biden laptop story in 2020.
Musk says he has handed over more documents to Taibbi and Weiss for another drop of ‘The Twitter Files.’
Who's who:
Taibbi is a veteran writer who started on the left, capturing attention during the financial crisis of 2008 for describing Goldman Sachs as a ‘vampire squid.’ His work has more recently taken aim at media pieties, and alleged censorship by government and Big Tech.
Weiss is a former New York Times op-ed columnist who left that newsroom amid controversy — and now focuses on voices and positions that, she argues, mainstream media outlets are suppressing.
Greenwald is a veteran blogger who came to fame as a key figure in the massive 2013 leaks of U.S. government documents by Edward Snowden.
All three have created enormously popular newsletters on Substack, and use Twitter to bolster their audiences.
Weiss has more than 500,000 Twitter followers and says she has more than 250,000 email subscribers on Substack, including free and paid readers.
Greenwald has 1.9 million Twitter followers and has more than 200,000 free and paid email subscribers in Substack, with tens of thousands of paid readers.
Taibbi has 1.3 million Twitter followers and said last year more than 30,000 people pay for his Substack newsletter.
Between the lines: Musk's Twitter takeover has helped these Substack entrepreneurs cement their alliance with Silicon Valley investors who share their hostility to mainstream media — including several members of Musk's inner circle, notably investor David Sacks.
Marc Andreessen, one of tech's most prominent investors, has poured billions of dollars into Substack, Clubhouse, and other platforms that democratize media creation.” Read more at Axios
Neuralink under investigation
Elon Musk gives a Neuralink update last week. Screenshot: Neuralink via YouTube
“Elon Musk's Neuralink is under federal investigation for potential animal-welfare violations amid internal staff complaints that the brain-implant company's animal testing is being rushed, Reuters reports.
Why it matters: Some workers say pressure from Musk to accelerate development has resulted in botched experiments.
The probe — focused on violations of the Animal Welfare Act — was opened in recent months by the Agriculture Department's inspector general at a federal prosecutor's request.
In February, Musk sent Neuralink staffers a news article about Swiss researchers who developed an electrical implant that helped a paralyzed man to walk.
‘We could enable people to use their hands and walk again in daily life!’ Musk wrote at 6:37 a.m. PT.
Ten minutes later, he followed up: ‘In general, we are simply not moving fast enough. It is driving me nuts!’” Read more at Axios
Something different about today's N.Y. Times
The presses roll last night in College Point, Queens. Photo: Sara Fischer/Axios
“For the first time in the paper's 171-year history, today's print New York Times has only one advertiser — GE, Axios' Sara Fischer reports.
The print takeover includes 22 full-page color ads.
GE also has today's premier advertising real estate at NYTimes.com.
Why it matters: The partnership represents a shift at The Times from selling pages ad hoc to building big, interactive marketing campaigns.
The seven-figure campaign comes as GE begins a split into three publicly traded companies — GE HealthCare, GE Aerospace and GE Vernova (energy). GE HealthCare's first investor day is Thursday.” Read more at Axios
“Humans have loved chocolate for thousands of years. But its production is now linked to widespread deforestation and child labor, posing an ethical quandary for consumers. Clara Hernanz Lizarragareports about a British startup that promises a guilt-free alternative that can be indistinguishable from the real thing. The company uses techniques employed by vegan food manufacturers to analyze a particular chocolate’s flavors and aromas at the molecular level and to identify traits it wants to mimic.” Read more at Bloomberg
Temperature is controlled as ingredients are mixed at WNWN’s east London facility. Photographer: Carlotta Cardana for Bloomberg Businessweek
Neymar in action
Photo: Pedro Nunes/Reuters
“It was the same old Neymar out there yesterday — looking fit as he returned from an injury, and scoring a goal to move closer to Pelé's record, AP reports.
Neymar, 30, led Brazil into the World Cup quarterfinals with a 4-1 win over South Korea.
Neymar reached 76 goals with the national team — one shy of Pelé, 82, who planned to watch the match from his hospital bed in São Paulo.” Read more at Axios
Kirstie Alley, star of 'Cheers' and 'Look Who's Talking,' dies at 71 from undisclosed cancer battle
“Kirstie Alley, best known for roles in the "Look Who's Talking" films and playing Rebecca Howe on the hit NBC sitcom "Cheers," has died from cancer. She was 71.
Alley's children Lillie and William True Stevenson shared the news in a statement posted to their late mother's Instagram Monday.
Alley had not previously disclosed her cancer diagnosis.
‘We are sad to inform you that our incredible, fierce and loving mother has passed away after a battle with cancer, only recently discovered,’ read the statement. ‘She was surrounded by her closest family and fought with great strength, leaving us with a certainty of her never-ending joy of living and whatever adventures lie ahead. As iconic as she was on screen, she was an even more amazing mother and grandmother.’
Lillie and William also thanked ‘the incredible team of doctors and nurses at the Moffitt Cancer Center for their care.’” Read more at USA Today
Angelo Iodice and Amanda Libretto ride their horses George and Frodo onstage during the opening night of ‘Aida’ at the Metropolitan Opera on Friday.
PHOTO: CAM POLLACK/THE WALL STREET JOURNAL
After more than three decades, live horses will hoof it on stage for one final season in the Met’s long-running production of “Aida.”
“The four-legged thespians—bit players with notable roles in the pivotal Triumphal March from Giuseppe Verdi’s famous opera—have their last curtain call on May 18.” Read more at Wall Street Journal