The Supreme Court declined on Monday to consider whether a New Mexico photographer had a right to refuse service to a same-sex couple who wanted her to record their commitment ceremony.I am not terribly surprised. There was, to my knowledge, no circuit split, and the right of states to pass whatever foolish laws on this subject is pretty much unlimited. If they wanted to prohibit discrimination against men with beards, that would be within the authority of state or local governments. In addition, Justice Kennedy is probably why there were not enough votes to bring this to the Court. Kennedy tries very hard to give the impression of being a libertarian, not a conservative, but in practice, when there is a genuine conflict between the liberty interests of a religious majority and the demands of a sexual minority, you can count on him to always side against liberty.
Some years ago, there was a case where a group of neo-Nazis sat down to eat at a German restaurant in California, wearing swastika lapel pins. The restaurant asked them to remove the swastikas, or leave. This led the restaurant to call police, who removed the neo-Nazis. The ACLU, of course, filed suit on their behalf. California's Unruh Civil Rights Act prohibits discrimination based on (among other things), political activity. Another victory for neo-Nazis and the ACLU, and loss for private property rights.
I suppose the only thing that would have made the case even more attractive to the ACLU would be if they were drag queens carrying feather boas and a banner describing themselves as the Fabulous Fascist Ernest Roehm Brigade -- then the ACLU could have sued for sexual orientation discrimination and political discrimination.
There are enough conservatives left in the country -- and libertarians who actually believe in liberty -- that we could probably take back this country, but there just aren't any rich conservatives or libertarians willing to spend any money on changing the cultural environment by making films. They would rather blow it on political campaigns that are destined to fail.
I see a lot of discussion of the advantages of retiring to Belize. It sounds better and better all the time. This country is headed towards Pink Swastika status -- perhaps followed by Islamic States of America. And by that point, there won't be enough conservatives or libertarians left to stop the slaughter of homosexuals.