A former clerk for Supreme Court Justice Clarence Thomas gave an MSNBC anchor a reality check Friday when the host suggested the court’s recent ruling will bring back “segregated” restaurants.
The court ruled in favor of Christian web designer Lorie Smith in a 6-3 ruling that she had the First Amendment right to refuse to provide service to a same-sex couple. MSNBC anchor Ana Cabrera suggested the ruling could lead to restaurants discriminating against individuals based on the “color of their skin,” to which Carrie Severino pushed back.
“The law in Colorado, though, defines discrimination not only as refusing to provide goods or services but publishing any communication that essentially says, an ‘Individual’s patronage is unwelcome based on a protected characteristic.’ Could this ruling, in Lorie Smith’s favor, open the door to other types businesses refusing services to customers? For example, could a restaurant owner put up a sign and deny service to a customer because of the color of their skin, citing free speech?” Cabrera asked.
“Absolutely not, because a restaurant is not speech. And Lorie Smith herself is not refusing services to people on the basis of their class. If a same-sex couple came and said, ‘We want a website about selling our house,’ or ‘We want a website advertising our business,’ or something, she is more than happy to do that. So, this is not because of their class,” Severino responded.
She said Smith would also deny services to a heterosexual couple if she did not agree with their message, and thus this is not direct discrimination against gays or lesbians. (RELATED: Affirmative Action Ruling Will Bring Back ‘Segregated’ Universities, MSNBC Guest Says)
“It’s limited to speech. That’s why it’s a free speech case. It’s limited to people who are bringing a message,” she said. “And again, Lorie Smith is happy to give a whole range of messages for same-sex attracted individuals, she’s not happy to do messages that celebrate a particular message that she disagrees with on the basis of her religion.”