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Culture War Roundup for the week of June 26, 2023

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I'm not a lawyer, so maybe I'm missing something, but I'm not sure I see your point. The plaintiffs in Lawrence had a harm to bring a case over: they really were charged with sodomy.

To the extent that I have a point at all, it's that the jurisprudence of homosexuality--and perhaps, we might infer, many other things--is substantially fictive. I think many people are suspicious of forum shopping, fewer are aware of plaintiff shopping but people do seem to be a bit suspicious of that, too. Most people are aware of civil disobedience, though, and don't necessarily think of it as problematic, even though it does involve ginning up a case rather than addressing the law from a position of organic (so to speak) social interaction. I do think CNN's "just asking questions" article is too coy by half, but as I noted in another reply, I don't have any serious objections to how these cases turned out. Just--if you're (the general you, not you personally) going to raise doubts about one SCOTUS case based on its loose connection to real events, you might not like where that leads (or, more likely, you're just engaged in isolated demands for rigor).

That seems different from the claim that no gay marriage website was ever ordered, so the whole case was actually about a hypothetical harm

While I don't think SCOTUS mentioned the "chilling effects" doctrine in 303 Creative, the Court has long recognized that the law does actual, rather than hypothetical, harm in cases where the law is clearly intended to "eliminate disfavored ideas" (p. 25).