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Freedom of speech and LGBT rights: Americans’ views of issues in Supreme Court case

“A majority of Americans think business owners should be able to refuse to provide services in situations where providing them may “suggest support for beliefs about lesbian, gay, bisexual or transgender (LGBT) issues” to which they have personal or religious objections, according to a new Pew Research Center survey. In earlier surveys, the public has expressed positive views of the impact of legalization of same-sex marriage and broad support for policies aimed at preventing discrimination against transgender Americans. But in a question reflecting the arguments in a pending Supreme Court case, 60% of Americans think business owners should not have to provide services if it might signal support for beliefs on LGBT issues that they oppose, according to the survey conducted in early April. Around four-in-ten (38%) say business owners should be required to provide services in these situations.The Supreme Court case centers on a challenge to Colorado’s public accommodations law by website designer Lorie Smith, who says the law violates her right to freedom of speech by requiring her to design wedding websites for same-sex couples. The oral arguments in the case highlighted the competing rights at issue. Smith’s attorney said her client’s complaint is based on the message being conveyed by her work, not the customers who may be affected. However, Colorado’s solicitor general said that by ruling in favor of Smith, the court would undermine the state’s accommodations law and open the door to discrimination because of a person’s race or religion, in addition to their sexual or gender identity. The survey question does not ask whether business owners should have the right to discriminate against lesbian, gay, bisexual or transgender people. Rather, it asks whether business owners who object to providing services that could suggest beliefs on LGBT issues – such as a “designer of wedding websites who has objections to same-sex marriage” – should be required to provide these services or be able to refuse to do so…”

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