Alanna Durkin Richer and Colleen Slevin , AP via Huff Post; Legitimacy Of 'Customer' In Supreme Court Gay Rights Case Raises Ethical, Legal Flags
"A Christian graphic artist who the Supreme Court said can refuse to make wedding websites for gay couples pointed during her lawsuit to a request from a man named “Stewart” and his husband-to-be. The twist? Stewart says it never happened.
The revelation has raised questions about how Lorie Smith’s case was allowed to proceed all the way to the nation’s highest court with such an apparent misrepresentation and whether the state of Colorado, which lost the case last week, has any legal recourse...
COULD THE REVELATION IMPACT THE CASE NOW?
It’s highly unlikely. The would-be customer’s request was not the basis for Smith’s original lawsuit, nor was it cited by the high court as the reason for ruling in her favor. Legal standing, or the right to bring a lawsuit, generally requires the person bringing the case to show that they have suffered some sort of harm. But pre-enforcement challenges — like the one Smith brought — are allowed in certain cases if the person can show they face a credible threat of prosecution or sanctions unless they conform to the law.
The 10th U.S. Circuit Court of Appeals, which reviewed the case before the Supreme Court, found that Smith had standing to sue. That appeals court noted that Colorado had a history of past enforcement “against nearly identical conduct” and that the state decline to promise that it wouldn’t go after Smith if she violated the law."
