A customer comes in and says “I’ve seen the lovely work you’ve done with white lilies, could you please make a similar display for me?” I agree, since I have loads of experience working with white lilies. But perhaps I’m not fully grasping the facts, because speaking as a Jew this prospect doesn’t seem that frightening to me.
McConnell frames this as his “personal favorite hypothetical”, and clearly perceives it as a knockout argument for the pro-free speech/religious liberty side.
#SLATE STAR SCRATCHPAD FREE#
I cannot believe that a free nation would compel a Jewish florist to construct a symbol of Christ’s resurrection-on pain of losing the right to be a florist. But the lilies in church on Easter morning are a symbol of the new life in Christ. What if a Jewish florist is asked to design the floral display of white lilies on Easter Sunday morning at a Christian church? Ordinarily, flowers are just flowers. īut on that matter, I want to flag a hypothetical offered by prominent First Amendment specialist and former federal judge Michael McConnell, to get folks’ intuitions on: These issues, of course, lie at the forefront of the 303 Creative case currently before the Supreme Court, which I’m sure will address them with the care, nuance, and sensitivity they deserve. One thing I tried to impress upon my Con Law students this semester (and every semester) is that the interplay between anti-discrimination law and freedom of speech (and freedom of religion) is complicated and raises a host of thorny questions that defy easy resolution.
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