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Monday, September 28, 2026

Justices Appear Split on Case Involving LGBTQ Rights and Religious Freedoms - SHRM

The U.S. Supreme Court seemed divided during oral arguments Dec. 5 in a case that centered on anti-discrimination policies when they conflict with religious freedoms in public accommodations.

It's unclear when the court will issue a final decision in the case, but it will likely happen before the court takes a break in June 2023.

Background

In 303 Creative v. Elenis, the court will decide whether an artist or creative business can refuse to sell goods or services to certain groups of people, if doing so contradicts the business owner's religious beliefs. The lawsuit challenges Colorado's Anti-Discrimination Act, which prohibits places of public accommodation from denying service to someone based on disability, race, religion, color, sex, sexual orientation, marital status, national origin or ancestry. It's also unlawful for artists or businesses to announce their intention to do so.

Under the federal Civil Rights Act, businesses that are open to the public cannot refuse to provide goods or services based on a person's race, color, religion, national origin or disability.

A Colorado graphic designer sued because she wants to expand her graphic design business to create wedding websites, but because of her Christian beliefs, she does not want to design wedding websites for same-sex couples. She said she does provide services for LGBTQ customers for non-wedding websites. She wants to disclose this policy on her own website.

In 2018, the U.S. Supreme Court ruled in a similar...



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