Gorsuch, with a look of grave concern, said:
"As I understand it, Colorado ordered Mr. Phillips to provide comprehensive training to his staff, and it didn’t order him to attend a class of the government’s own creation or anything like that, but to provide comprehensive staff training.
Why isn’t that compelled speech and possibly in violation of his free-exercise rights? Because presumably he has to tell his staff, including his family members, that his Christian beliefs are discriminatory."
Yarger, who seemed befuddled by the question, responded honestly, telling Gorsuch that “a training requirement is a common remedy that is used in many civil rights cases.” The justice, however, pressed on.
“But this isn’t attending your training, Mr. Yarger,” Gorsuch said. “This order was ordering him to provide training and presumably compelling him to speak, therefore, and to speak in ways that maybe offend his religion and certainly compel him to speak.”
By this point, Yarger looked genuinely alarmed.
