Washington — The American Psychological Association decried a ruling by the U.S. Supreme Court allowing a designer to refuse to create websites for same-sex weddings because she says it conflicts with her First Amendment right to free expression.
“We are disappointed that the court granted permission to individuals to discriminate in providing their services in a way that is contrary to the goals of Colorado’s anti-discrimination law,” said APA Chief Executive Officer Arthur C. Evans Jr., PhD. “Research has shown that laws like Colorado’s can decrease stigma and associated adverse health consequences. By allowing discrimination in public accommodations, the court is preventing Colorado from curtailing the discrimination experienced by LGBTQ people and members of other disfavored groups, and the harmful stress that ensues.”
APA filed an amicus brief in the case, 303 Creative LLC v. Elenis, citing the substantial scientific research demonstrating the negative impacts of discrimination based on sexual orientation. “For LGBTQ people, being the target of stigma is associated with elevated stress responses, which in turn are linked to adverse physical and psychological health outcomes,” according to the brief. “This stress results in negative health effects. As a population, LGBTQ people manifest more overall psychological and physical health problems than heterosexual people.” In Justice Sonia Sotomayor’s dissent from the court’s decision, joined by Justices Ketanji Brown Jackson and Elena Kagan, she cited the Annual Review of Psychology in support of one of the main points APA made in its brief about the harms of stigma that stem from permitted discrimination.
APA’s brief was joined by the National Association of Social Workers and the Colorado Psychological Association.
“While laws like Colorado’s will not eliminate discrimination based on sexual orientation or other characteristics, research shows that they are associated with better psychological and physiological health outcomes for members of protected classes,” Evans added. “APA is discouraged that the court’s majority has undermined Colorado’s important statutory scheme to serve the compelling state interest of protecting the rights of LGBTQ people and other minority populations.”