Legitimacy of ‘customer’ in Supreme Court gay rights case raises ethical, legal flags

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Legitimacy of ‘customer’ in Supreme Court gay rights case raises ethical, legal flags
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A Christian graphic artist who the Supreme Court said can refuse to make wedding websites for gay couples pointed during her lawsuit to a request from a man named “Stewart” and his husband-to-be. The twist? Stewart says it never happened.

The Supreme Court ruled in favor of a Colorado woman who wants to create a wedding website, but excludes same-sex couples.

Smith’s lawyers maintained that she didn’t have to be punished for violating the law before challenging it. In a February 2017 filing, they revealed that though she did not need a request to pursue the case, she had, in fact, received one. An appendix to the filing included a website request form submitted by Stewart on Sept. 21, 2016, a few days after the lawsuit was filed. It also included a Feb. 1, 2017, affidavit from Smith stating that Stewart’s request had been received.

Stewart told The Associated Press last week that he didn’t even know his name had been invoked in the case until he was contacted by a reporter for The New Republic, which first reported his denial. Stewart, who declined to give his last name for fear of harassment and threats, said he was incredibly surprised, adding he has been married to a woman for 15 years.It’s highly unlikely.

However, it could have affected the case by undermining the credibility of Smith’s legal team, potentially causing the judge to look more skeptically at everything else they filed, Levinson said. It could also result in potential sanctions against Smith’s legal team if it turns out they knew Stewart’s request was false, Levinson said.

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