The legitimacy of the customer “Stewart” in the Supreme Court ruling that a Christian graphic artist can refuse to make wedding websites for gay couples raises questions about how the case was allowed to proceed all the way to the nation’s highest court.
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. The would-be customer’s request was not the basis for Smith’s original lawsuit, nor was it cited by the high court as the reason for ruling in her favor. Legal standing, or the right to bring a lawsuit, generally requires the person bringing the case to show that they have suffered some sort of harm.
“If there are other places where you can get standing, then legally speaking I don’t think it actually does make a difference,” said Jessica Levinson, a professor at Loyola Law School. While the revelation cannot change the decision, “it’s something that should’ve come up in the litigation,” said Erwin Chemerinsky, the dean of Berkeley Law, “because then what the court should have done is say we have doubts about this, we can’t resolve it, we send it back to the federal district court.”
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