303 Creative LLC v. Elenis

Brief Filed: 8/22
Court: U.S. Supreme Court
Year of Decision: 2023

Read full-text amicus brief (PDF, 229KB)opens in new window

Involves a challenge to Colorado’s Anti-Discrimination Act (“CADA” or Act”) which prohibits “public accommodations” (e.g., retail stores, rental establishments, service establishments, educational institutions, recreation facilities) from discriminating against members of the public based on their sexual orientation, among other protected characteristics.

Sexual Orientation – General (Discrimination)

The Alliance Defending Freedom (“ADF”) has challenged CADA’s prohibition of sexual orientation discrimination on First Amendment grounds. ADF represents a wedding website designer who wishes to state on her professional website that she cannot design websites for same-sex weddings because, based on her religious beliefs, she disagrees with same-sex marriage. ADF is arguing that CADA violates its client’s free speech rights because it either compels her to express support for same-sex marriage or to stay silent.

APA joined by the National Association of Social Workers and the Colorado Psychological Association filed a brief explaining the research on the stigma and resulting psychological and physiological harms associated with discrimination against sexual minorities and other protected classes. APA filed a similar amicus brief in support of the CADA in Masterpiece Cakeshop.

On June 30, 2023, the United States Supreme Court ruled in favor of 303 Creative, LLC, holding that states cannot compel creators of expressive content to produce works that go against their beliefs. The Court reasoned that websites qualify as expressive activity and protected speech under the First Amendment, and states cannot compel speech. The Court further stated commerciality does not change the expressive nature of the activity, and public accommodations laws do not apply to expressive activity.