Understanding the Supreme Court’s Latest Case about Religious Conviction and Same-Sex Marriage

This week, the Supreme Court heard the case of 303 Creative, a small Colorado-based web-design business whose owner, out of religious conviction, does not wish to produce wedding websites for same-sex couples. The company currently refrains from creating any wedding websites, lest it run afoul of the state’s anti-discrimination laws, but it has taken to the courts to challenge the law on First Amendment grounds. As Michael A. Helfand observes, the Supreme Court’s 2018 ruling in the very similar case of Masterpiece Cakeshop was so narrowly defined that it leaves much room for further litigation. He explains what is at stake:

In taking on 303 Creative v. Elenis . . . the Court chose to limit its inquiry to the free-speech questions raised by the case, leaving to the side questions of religious liberty. . . . The most essential question underlying 303 Creative’s free-speech claims is whether making this sort of wedding website ought to be considered speech. If it is speech, then a law requiring someone to design a particular wedding website, under threat of financial penalty, would presumably run afoul of the “compelled speech” doctrine.

But while this sort of inquiry might normally be quite challenging, the current case may have less than meets the eye. . . . If all parties agree creating the website and graphics are expressive, then creating wedding websites is a form of speech, and requiring 303 Creative to make such a website for a same-sex couple would amount to compelling speech in violation of the First Amendment.

Where does this leave us? It might mean we’ll end up with a relatively narrow opinion, [but] this isn’t to say such a result wouldn’t have real impact. When it comes to questions of religious discrimination, for example, web designers and artists who make custom—and expressive—products could potentially refuse to sell services on the basis of religious affiliation. A Christian web designer could potentially refuse to make a wedding website for Jews, or a Jewish web designer could refuse to make a wedding website for an interfaith couple.

Read more at Forward

More about: Freedom of Religion, Freedom of Speech, Gay marriage, Supreme Court

Hizballah Is Learning Israel’s Weak Spots

On Tuesday, a Hizballah drone attack injured three people in northern Israel. The next day, another attack, targeting an IDF base, injured eighteen people, six of them seriously, in Arab al-Amshe, also in the north. This second attack involved the simultaneous use of drones carrying explosives and guided antitank missiles. In both cases, the defensive systems that performed so successfully last weekend failed to stop the drones and missiles. Ron Ben-Yishai has a straightforward explanation as to why: the Lebanon-backed terrorist group is getting better at evading Israel defenses. He explains the three basis systems used to pilot these unmanned aircraft, and their practical effects:

These systems allow drones to act similarly to fighter jets, using “dead zones”—areas not visible to radar or other optical detection—to approach targets. They fly low initially, then ascend just before crashing and detonating on the target. The terrain of southern Lebanon is particularly conducive to such attacks.

But this requires skills that the terror group has honed over months of fighting against Israel. The latest attacks involved a large drone capable of carrying over 50 kg (110 lbs.) of explosives. The terrorists have likely analyzed Israel’s alert and interception systems, recognizing that shooting down their drones requires early detection to allow sufficient time for launching interceptors.

The IDF tries to detect any incoming drones on its radar, as it had done prior to the war. Despite Hizballah’s learning curve, the IDF’s technological edge offers an advantage. However, the military must recognize that any measure it takes is quickly observed and analyzed, and even the most effective defenses can be incomplete. The terrain near the Lebanon-Israel border continues to pose a challenge, necessitating technological solutions and significant financial investment.

Read more at Ynet

More about: Hizballah, Iron Dome, Israeli Security