"New forms of inclusion have been met with reactionary exclusion," she said. "This is heartbreaking. Sadly, it is also familiar. When the civil rights and women's rights movements sought equality in public life, some public establishments refused. Some even claimed, based on sincere religious beliefs, constitutional rights to discriminate. The brave Justices who once sat on this Court decisively rejected those claims."
Five years ago this Court recognized the "general rule" that religious and philosophical objections to gay marriage “do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.” Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 584 U.S. __, _ (2018) (slip 0p. at 9). The Court also recognized the “serious stigma” that would result if“purveyors of goods and services who abject to gay marriages for moral and religious reasons” were “allowed to put up signs saying "no goods or services will be sold if they will be used for gay marriages.” Id.,at __ (slip op., at 12). Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class. Specifically, the Court holds that the First Amendment exempts a website design company from a state law that prohibits the company from denying wedding websites to same-sex couples if the company chooses to sell those websites to the public. The Court also holds that the company has arightto posta notice that says, “no [wedding websites] will be sold if they will be used for gay marriages.”