Brian Fletcher, the U.S. deputy solicitor general who argued during the oral arguments in support of Colorado, rejected Gorsuch’s position. Fletcher claimed that discrimination based on sexual orientation is “inextricably intertwined” with a refusal to provide services for same-sex weddings. This would mean refusing to provide a service for same-sex couples is discrimination based primarily on status, not message.

Several of the justices raised concerns about how finding for Smith would affect other contexts.

Liberal Justice Sonia Sotomayor, for example, asked Waggoner whether ruling for Smith would permit wedding website designers to turn down requests to make wedding websites for interracial couples or for people with disabilities.

Similarly, Justice Ketanji Brown Jackson asked whether ruling for Smith would then require the court to permit a photographer to take photos only of white children as part of a 1940s-inspired mall Santa photo exhibit, even if that photographer otherwise was willing to take photos of children of color.

Conversely, some justices raised questions about what bad consequences might follow were the court to deny Smith’s request. For example, Justice Amy Coney Barrett questioned whether a gay magazine would be able to accept only paid wedding announcements for same-sex couples during Pride Month if Smith was not given the discretion to decide who to make wedding websites for.

The court’s ruling in this case will likely be announced toward the end of the Supreme Court’s current term, which ends in June 2023. Based on comments and questions from the six conservatives on the nine-seat court, it seems likely that the court will side with Smith. But the Supreme Court does not always behave predictably, and some of the more moderate conservative justices, like Chief Justice John Roberts and Justice Brett Kavanaugh, didn’t provide any clear signs during oral arguments about who they intend to side with.

This article is republished from The Conversation, an independent nonprofit news site dedicated to sharing ideas from academic experts. It was written by: Mark Satta, Wayne State University. The Conversation has a variety of fascinating free newsletters.

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Mark Satta does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.