The recent U.S. Supreme Court decision in 303 Creative LLC v. Elenis dealt with the creation of wedding websites, not employment issues. But employers are wondering if the case could impact their anti-discrimination policies and employment actions.
In 303 Creative, graphic designer Lorie Smith brought suit against the state of Colorado. Smith was thinking of expanding her website design business and proactively sought an injunction that would prevent the state from using its Anti-Discrimination Act to compel her to create wedding websites for same-sex couples.
Smith argued that being forced to create such a site would violate her First Amendment right against compelled speech in violation of her beliefs. Smith asserts that it is her sincerely held religious belief that marriage is solely between a man and a woman.
Smith’s request was denied by a lower court. But the Supreme Court reversed that ruling in a 6-3 decision. The majority concluded that by creating a wedding website, rather than selling a routine good or service, Smith would be engaging in “pure speech.” As such, compelling her to create websites expressing views inconsistent with her religious beliefs would violate the Free Speech Clause of the First Amendment.
The decision sets a precedent that could influence future cases related to freedom of speech, discrimination, or religious freedom. Furthermore, it has the potential to influence how anti-discrimination laws are...
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