Immigration Equality Expresses Disappointment at the SCOTUS Ruling in 303 Creative LLC v. Elenis

New York, NY (June 30, 2023) — In a 6-3 decision, the Supreme Court issued a ruling in 303 Creative LLC v. Elenis that undermines non-discrimination protections for LGBTQ+ people and others in very limited circumstances. The case involves a Christian website designer who challenged a Colorado law prohibiting businesses from discriminating against LGBTQ+ customers. The web designer argued that she should not be forced to design wedding websites for LGBTQ+ clients because creating messaging that she disapproves of would violate her religious beliefs and right to free speech. In its decision, the Supreme Court held that “the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.”

In her dissent, Justice Sotomayor wrote: “Today is a sad day in American constitutional law and in the lives of LGBT people. The Supreme Court of the United States declares that a particular kind of business, though open to the public, has a constitutional right to refuse to serve members of a protected class. The Court does so for the first time in its history. By issuing this new license to discriminate in a case brought by a company that seeks to deny same-sex couples the full and equal enjoyment of its services, the immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status.”

In response to the ruling, Immigration Equality issued the following statement: 

“We are deeply disappointed by today’s misguided decision. While narrow in scope, it gives certain businesses license to discriminate. It also sends a dangerous message that risks emboldening anti-LGBTQ legislators across the country.

“But let us be clear: the decision does not give businesses a carte blanche to violate LGBTQ rights. Non-discrimination laws continue to protect LGBTQ people and others who may obtain goods and services ‘on the same terms offered to other members of the public.’

“In the wake of today’s ruling, Immigration Equality will fight as fervently as ever alongside the LGBTQ movement for the freedom to live safely and openly as our true selves. We will remain vigilant and stand our ground against any effort to discriminate against our community.”