Rather than arguing over competing harms, the case before the Supreme Court involving graphic designer Lorie Smith v. the State of Colorado should focus on the key issue: A ruling in favor of Ms. Smith would force the state of Colorado to accept a two-tier legal system. It would have one set of laws to govern those who decline to claim a religious exemption, while allowing others to flout those laws at will.

Laws in any society must be obeyed by all, or they will be respected by none. That some people should be allowed to pick and choose which laws they will obey is both abhorrent and absurd.

If any justices feel that Colorado’s “public accommodation law” harms Ms. Smith, then they should be bright enough to realize that she has two remedies already available to her. First, she could choose to earn a living in a way that does not conflict with the law. Second, she is free to move to one of the 20 states that are supporting her before the court. They evidently welcome the sort of discrimination that she would like to practice.

What the Supreme Court must not do is force Colorado to abandon its principled stand against discrimination.

If the Supreme Court rules in Smith’s favor, it will be definitive proof that the right-wing majority is not fit to serve. They will have disgraced our highest court.

John Merrill
Augusta

 

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