The conservative majority of the Supreme Court seems poised to strike down a Colorado law that forbids discrimination based on sexual orientation. The conservative justices seem inclined to allow businesses that offer services involving expression, as distinguished from the sale of goods, to refuse to serve gay couples.
The justification for allowing such discrimination is the protection of free speech based upon religious conviction. If the court so decides, it will have gotten it wrong on two counts. Free speech, in the guise of denied service, is cabined when a person or business offers wares or services to the public. An offer to sell must be made without invidious discrimination.
Excusing such discrimination, as an exercise of religious liberty, is neither acceptable in a free society nor protected by the Constitution. Persons of true faith would not harbor such intolerance and a claim of religious entitlement cannot be upheld when its exercise violates the protected rights of others.
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