Covering the 303 Creative decision: Why do reporters keep ignoring the fine print?

Judging from the recent coverage on the US Supreme Court’s decision on 303 Creative v. Elenis, you’d think that a pogrom against LGBTQ Americans is in process.

Many of the headlines came out and said that SCOTUS was allowing businesses to turn away gay customers, period. That’s false and that’s clear in the majority opinion. The truth was that you cannot compel people to create and deliver a message demanded by these customers if you don’t agree with that message (in this case for reasons of religious doctrine and practice).

I’ll start with the Denver Post, in whose backyard the whole case developed.

First, a note to the Post editors: Underneath the headline (“Colorado wedding website designer can refuse gay customers, U.S. Supreme Court rules”) the subhead spells Justice Neil Gorsuch’s name wrong. Being that Gorsuch, the writer of the opinion, is very well known by locals — as he was a longtime Colorado resident before ascending to the high court — the Post might want to correct that.

The First Amendment allows a Colorado graphic designer to refuse to make wedding websites for same-sex couples, the U.S. Supreme Court ruled Friday in a decision that could have a sweeping nationwide impact.
The high court ruled for Littleton graphic artist Lorie Smith, who said her Christian faith prevents her from creating wedding websites for same-sex couples. Smith, who runs the business 303 Creative, wanted to make wedding websites only for straight couples.

I skimmed the article and didn’t see anything about religious beliefs being the reason behind Smith’s decision until well into the piece.

Also, note that — once again, we’re talking about the printed content of the majority decision — declining to do same-sex wedding content is not the same thing as the ability to refuse customers, period.

She challenged Colorado’s public accommodation law, which says that if she offers wedding websites to the public, she must provide them to all customers. Businesses that violate the law can be fined, among other penalties.

U.S. Representative Justin Amash is making a bid to shake up this oddly socially-distanced U.S. presidential campaign with last week’s announcement of an exploratory committee to seek the Libertarian Party nomination. He becomes the first avowed Libertarian in the U.S. House after being its first Palestinian-American. Due to Covid-19, plans for the party nominating convention, originally planned for May 21-25, are in flux.

The Michigan maverick is by far the best-known of the Libertarian hopefuls. He won headlines last year by quitting the Republican Party to protest Trump-ism, became the House’s only Independent, and was the lone non-Democrat voting to impeach the president.

Reality check. No third party has taken the White House since the Republicans in 1860, when Abraham Lincoln won with only 39.8 percent of the popular vote in an unusual four-way race.

The Libertarians’ best-ever showing was only 3.3 percent in 2016. Amash "uh-MOSH") got only 1 percent support against Biden (46 percent) and Trump (42 percent) in a mid-April Morning Consult poll. But he claimed to Reason magazine that he’s no “spoiler” and has a shot because “most Americans” think that Joe Biden and Trump “aren’t up to being president” and want an alternative.

Despite his anti-Trump credentials, Politico.com thinks it’s unclear whether Amash “would do more damage to Biden or Trump.” Showing the potential for conservative support, the Washington Examiner’s Brad Polumbo championed Amash against what he sees as the incompetent, “fundamentally indecent” Trump and the “frail,” too-leftist Biden.

Amash is also free of the sexual misconduct accusations against the two major party candidates — which they deny.

Religion reporters will note that Amash is one of only five Eastern Orthodox members of Congress. His Palestinian father and Syrian mother came to the U.S. as immigrants thanks to sponsorship by a pastor in Muskegon. He attended Grand Rapids Christian High School, where he met his wife Kara, later an alumna of the Christian Reformed Church’s Calvin University.

On the religiously contested abortion issue, Amash’s “pro-life” stand agrees with Orthodox Church teaching, and the National Right to Life Committee gives him a 100 percent rating.