Public Policy Lawyer Says ABC News Anchor Mischaracterized Supreme Court Case Involving Same-Sex Marriage

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Public Policy Lawyer Says ABC News Anchor Mischaracterized Supreme Court Case Involving Same-Sex Marriage

Kate Anderson on December 6, 2022

ABC News Anchor David Muir reportedly mischaracterized the legal issues at the center of the Supreme Court case concerning a Christian web designer and same-sex marriage, a public interest lawyer told the Daily Caller News Foundation.

During the ABC World News Tonight show, Muir stated that the “case at its core asks this question; can businesses turn away same-sex couples as customers.” George Washington University Law School Professor Emeritus of Public Interest Law John Banzhaf released a statement claiming Muir “misrepresented the legal issue.”

Banzhaf spoke with the Daily Caller News Foundation about the issue and said Muir was not the only one struggling to make the correct distinction in the case. When asked about Justice Jackson’s insinuation that if creator Lorie Smith’s request was granted then it would lead to racial discrimination, Banzhaf firmly denied the idea.

“I think what you just mentioned is the kind of misrepresentation which I am so concerned about. A lot of people are saying that if Miss Smith wins, virtually anybody can decide to discriminate against anybody simply by claiming religious groups,” he said. “A ruling in her favor would not open the door to outright discrimination. What it would say is that if you do have a practice, as long as you have the same practice, regardless of the individual characteristics of the customer, whether they’re white or black, or sexual, homosexual, male, female, whatever, does not violate the statute.”

Banzhaf acknowledged that the media pushing such a narrative could “generate more support for Colorado” under false pretenses.

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In his original statement, Banzhaf cited CNN for having the correct analysis of the case, “the big question everyone is asking is whether a website designer has the right to refuse to create websites celebrating same-sex marriage.”

Banzhaf also pointed out that Supreme Court Justice Gorsuch made the legal aspects of the case clear when he said it’s not about “who” but the “what.” Smith herself has stated that she has served and is completely willing to work with same-sex customers, however, she filed a lawsuit against the Colorado law to prevent her from being forced to create a website for a gay wedding.

Additionally, Justice Amy Coney Barrett made this distinction when she asked Smith’s legal counsel on Monday about different work-related situations involving marriage.

“So it’s about the message and not about the sexuality of the couple that asked her to express it that matters,” Barrett stated.

ABC News and Muir did not respond to the Daily Caller News Foundation’s request for comment.

Public Policy Lawyer Says ABC News Anchor Mischaracterized Supreme Court Case Involving Same-Sex Marriage

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