Professor Kalir Pens Op-Ed Criticizing SCOTUS’ “Creative 303” Opinion

On Friday, July 7, Professor Doron Kalir published an op-ed in the Cleveland Plain Dealer, criticizing the Supreme Court’s recent “Creative 303” opinion. That opinion, Professor Kalir explains, effectively allows — for the first time in the Court’s history — a service provider in the open market to discriminate against its clients on the basis of their sexual discrimination. Provocatively titled “No Jews or LGBTQ Allowed? The Supreme Court Seems to Agree,” the op-ed criticizes the Court’s decision as another conservative super-majority unnecessary result. Widely citing Justice Sotomayor’s dissent, the op-ed claims that the Court reached that conclusion only by asking the wrong question. In addition, the opinion argues that once the Petitioner chose, on her own volition, to participate in the order marketplace, she had to abide by the rules of that marketplace — which prohibits discrimination of any kind, and have done so for over 300 years — rather than to ask a conservative super-majority to change those rules for her and allow from now on a discrimination sanctioned by the highest court in the land.