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On June 30, 2023, the Supreme Court issued its decision in 303 Creative, LLC v. Elenis. In a 6-3 opinion authored by Justice Gorsuch, a divided Supreme Court held that the First Amendment’s free speech protection bars Colorado from requiring a website designer to create expressive designs that convey messages with which the designer disagrees.
Background
This case began when the owner and founder of 303 Creative, a website design company, prepared to enter the wedding website market. The owner wanted to publish a statement explaining that providing a wedding website for same-sex couples would compromise her Christian beliefs that marriage is between one man and one woman. Because Colorado’s Anti-Discrimination Act (CADA) prohibits discrimination by a place of public accommodation against members of the LGBTQ+ community, however, the owner did not publish the statement or expand her business to create wedding websites. Instead, she brought a pre-enforcement lawsuit to challenge CADA claiming that enforcing it in this instance would violate her First Amendment rights to free speech and free exercise of religion.
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