The Supreme Court’s Blow to Anti-Discrimination Law Hurts Families Like Mine
The Court’s decision in 303 Creative v. Elenis carves out a new exception to civil rights laws that prohibit discrimination in the public marketplace.
A Christian website designer challenged the Colorado Anti-Discrimination Act, arguing that the law would violate the First Amendment by requiring her company to offer the same services — in this case, custom wedding websites — to people of all sexual orientations.
The court has now endorsed that argument, holding that the First Amendment exempts 303 Creative from Colorado’s requirement because the company offers “expressive” and “customized” services.
As Justice Sonia Sotomayor wrote in her dissent, this is the first time the court has granted “a business open to the public a constitutional right to refuse to serve members of a protected class.” This free-speech exemption applies to civil rights laws across the country.
