From Brad Sears <[email protected]>
Subject SCOTUS rules website designer can refuse services to same-sex couples
Date June 30, 2023 5:45 PM
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Join us for a webinar on the decision at noon PT

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Dear John,

In the last 24 hours, the Supreme Court has struck major blows to our nation’s commitment to providing equal opportunity for all.

Affirmative action, laws that prohibit discrimination, and student loan relief have provided millions of people with a fairer shot in our society—where discrimination on the basis of sexual orientation, gender identity, race, and sex are not artifacts of the past but present realities. Through Williams Institute research, we know that those who will be most impacted by these decisions are people who share multiple marginalized identities, including LGBTQ people of color ([link removed]) .

These past two days have been difficult. In a couple of hours, at noon PT, we will be gathering together with a panel of experts to discuss the Supreme Court’s affirmative action, LGBTQ rights, and student debt cases. I hope you can join us ([link removed]) .

In the face of setbacks and challenges, the Williams Institute will continue our work. When our research doesn’t inform a Supreme Court majority opinion, it is critical that it strengthens a compelling dissent. History tells us that today’s dissents—with work and persistence—can become tomorrow’s decisions.

In her dissent in 303 Creative ([link removed]) , Justice Sotomayor writes eloquently about LGBTQ people’s dignity and struggles against discrimination, violence, and criminalization. Relying directly on Williams Institute research, she affirms that discrimination continues “into the 21st century. See UCLA School of Law Williams Institute, C. Mallory & B. Sears, Evidence of Discrimination in Public Accommodations Based on Sexual Orientation and Gender Identity
([link removed]) (2016)."

Our scholars, including Federal Policy Director Elana Redfield and Distinguished Senior Scholar of Public Policy Ilan Meyer, working with Paul Hastings LLP, filed an amicus brief ([link removed]) in the case. Based on Ilan’s groundbreaking research over the past three decades, the brief explained that when a business refuses to serve LGBT people, the experience can add to “minority stress” and result in adverse mental and physical health outcomes.

Echoing Ilan’s research, Justice Sotomayor’s dissenting opinion emphasizes that the “fundamental object” of public accommodations laws is “to vindicate the deprivation of personal dignity that accompanies discrimination and causes stigmatizing injury." She continues, "Discrimination is not simply dollars and cents, hamburgers and movies; it is the humiliation, frustration, and embarrassment that a person must surely feel when he is told that he is unacceptable as a member of the public because of his social identity….This ostracism, this otherness, is among the most distressing feelings that can be felt by our social species.”

We will continue our research until all LGBTQ people have equal access to economic opportunities, higher education, and public life. We will continue until no LGBTQ child experiences that “otherness” that is one of the most “distressing feelings” that a person can experience.

We are here for today and for the battles ahead. And we know that research, and change, can take time. We hope you’ll stand with us and support our work ([link removed]) .

One final word for students at UCLA Law and everywhere, and for those who will be applying in the future: you belong here, you deserve to be here, and we need you. You got to your classroom by walking through the front door just like everyone else. Claim your seat so we can work together to improve these imperfect institutions so they can become more accessible to all.

Thank you,
Brad
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