The U.S. Supreme Court weighed the rights of LGBTQ+ people to be free from discrimination in the marketplace against a Colorado business owner’s right to free speech when it heard oral argument in 303 Creative LLC v. Elenis (No. 21-476) on December 5, 2022.
Lorie Smith is the owner of 303 Creative LLC, a Colorado-based web and graphic design business. Smith wants to expand her services to include wedding websites only for opposite-sex weddings 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 the Colorado Anti-Discrimination Act (CADA). A public accommodation is defined as “any place of business engaged in any sales to the public and any place offering services, facilities, privileges, advantages, or accommodations to the public.”
Under CADA, public accommodations are prohibited from refusing to serve an individual or group on the basis of sexual orientation. The law also bars business from announcing an intent to discriminate.
This case comes before the Court on a “pre-enforcement” challenge. This allows an individual or a business to challenge a law in court before being subject to its enforcement.
Smith is seeking exemption from CADA that would allow her to refuse to provide web services for same-sex marriages and to announce that she will not provide...
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