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In reply to the discussion: Arizona Attorney General Kris Mayes tells U.S. Supreme Court to shove it [View all]FBaggins
(28,543 posts)This is yet another example in the general public's ignorance of how court rulings work.
This was not a "facial" challenge. The court didn't overturn CO's law, and thus AZ's law is not threatened. Both AZ and CO AG's can continue to advertise that the laws are on the books and anyone who is discriminated against on the basis of sexual orientation or gender identity can and should contact their AG's office and we can expect them to continue to enforce state law. That isn't giving the finger to the court... because in the overwhelming majority of cases it wouldn't contradict the court's ruling.
All that has changed is that if the claimed discrimination involves clearly expressive conduct on the part of the business and if the business will provide to that customer all other services that they offer - then the state won't win when it gets to federal court.
And no... the lack of an enforcement arm or SCOTUS won't change anything. This isn't a Jackson parallel. The lower courts (include AZ state courts) will now rule the same way unless they can show that something is different in that case in a relevant way.
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