303 Creative v. Elenis
303 Creative v. Elenis is a case involving a website designer who says she may begin making wedding websites and she will refuse to make them for same-sex couples. The website designer sued Colorado preemptively because the state has an antidiscrimination law that includes sexual orientation.
This case is a free speech case – the Court didn’t grant review on the religion issues. 303 Creative argues that requiring the business to make wedding websites for same-sex couples violates the owner’s free speech rights because it compels her to create something she doesn’t believe in. Elenis (represented by Colorado) argues that the law requires selling equally to same-sex couples and it doesn’t require any specific messages or content.
If 303 Creative wins, the ruling would impact the anti-discrimination laws of every state that has them, as well as federal ones like the Civil Rights Act of 1964. It would create an exception that swallows the rule: everyone could argue that selling to LGBTQIA+ people violates their free speech.
If Elenis (Colorado) wins, it would mean that a seller of a good or service in Colorado would have to sell to both straight and LGBTQIA+ people.