Colorado’s Anti-Discrimination Act (CADA) constituted an impermissible infringement on its citizens’ First Amendment right to freedom of speech, as the Act could compel individuals and businesses to engage in speech with which they disagree, the U.S. Supreme Court has ruled in a 6-3 decision written by Justice Neil Gorsuch. 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023).
The case asked the Court to weigh the rights of LGBTQ+ people to be free from discrimination in the marketplace against a Colorado business owner’s First Amendment right to free speech.
Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh, and Amy Coney Barrett joined Justice Gorsuch’s opinion. Justice Sonia Sotomayor filed a dissenting opinion, which was joined by Justices Elena Kagan and Ketanji Brown Jackson.
Lorie Smith is the owner of 303 Creative LLC, a Colorado-based web and graphic design business. Smith’s lawsuit alleged that she wanted to expand her services to include wedding websites. However, Smith wants to provide these services for opposite-sex weddings only, because her religious beliefs preclude her from providing these services for same-sex weddings. Smith wants to state this position on her business’s website.
Smith’s business, 303 Creative LLC, is a “public accommodation” covered by CADA. A public accommodation is defined as “any place of business engaged in any sales to the public and any place offering services, facilities,...
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