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A matter of morals … or discrimination? Expect more cases claiming ‘expressive association’

07/24/2023

The Supreme Court ruled in June that a Colorado web designer could decline to develop sites celebrating same-sex weddings based on her First Amendment expressive freedom of association. Now a different employer—a Catholic school—is trying to argue it has the right to “expressive association” in the employment context, able to reject applicants or fire employees who don’t live up to its views on moral behavior.

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