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1 1 (July 6, 2023)

handle is hein.crs/govemdm0001 and id is 1 raw text is: \Congressional ______ R' fesearch Service 303 Creative v. Elenis: Supreme Court Recognizes Free Speech Exception to Nondiscrimination Law July 6, 2023 In 303 Creative LLC v. Elenis, issued on June 30, 2023, the Supreme Court ruled that the First Amendment's Free Speech Clause barred a state from enforcing its nondiscrimination law against a website designer who did not want to create websites for same-sex weddings. As a prior Legal Sidebar explains, in recent years, the Supreme Court has been presented with a number of appeals involving religious objections to complying with nondiscrimination laws. The Court's rulings on these appeals addressed protections for religious exercise. In contrast, while the plaintiff's objections in 303 Creative were religiously motivated, the case focused on the scope of Free Speech Clause protections for her speech. Accordingly, while the case has implications for religious objectors to federal laws, it also has broader free speech implications. Background The petitioner is a graphic artist and website designer who challenged Colorado's nondiscrimination law on behalf of herself and her company. Her business, 303 Creative, creates custom websites for clients- but according to the petitioner, she will not create any content that contradicts her religious beliefs, including her belief that marriage is solely the union of one man and one woman. At the time she filed her lawsuit, she did not offer wedding-related design services but alleged that she wanted to expand her business. If she did offer services to weddings, she would not create websites or offer other services to same-sex weddings. The petitioner was concerned this practice would violate a Colorado law prohibiting discrimination on the basis of sexual orientation. The case involved two provisions of Colorado's law prohibiting public accommodations (essentially, businesses offering goods or services to the public) from refusing service on the basis of certain protected characteristics, including race, sex, or sexual orientation. The first provision, referred to as the Accommodation Clause, states that a public accommodation may not refuse the full and equal enjoyment of goods or services based on a person's sexual orientation, among other protected characteristics. The second provision, referred to as the Communication Clause, states that a public Congressional Research Service https://crsreports.congress.gov LSB11000 CRS Legal Sidebar Prepared for Members and Committees of Congress

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