Today’s Ruling
The Supreme Court’s ruling on the 303 Creative LLC v. Elenis case was released today – June 30th, 2023. Officially, the Supreme Court has ruled in 303 Creative LLC’s favor, stating that Colorado’s Anti-Discrimination Act infringes on Lorie Smith’s – the owner of 303 Creative LLC – First Amendment.
Background
The owner and graphic designer of 303 Creative LLC sought to challenge Colorado’s Anti-Discrimination Act – laws seek to protect people regardless of their “disability, race, creed, color, sex, sexual orientation(including transgender status), marital status, family status, religion, national origin, or ancestry” by guaranteeing “equal access to public accommodations, housing, and employment,” (One Colorado, 2019). The graphic designer wanted to open up a new source of revenue by adding wedding designing to their portfolio but they did not want to offer this to same-sex couples. Lorie Smith is adamant that her definition of marriage is that of a man and a woman. But Colorado’s Anti-Discrimination Act would theoretically conflict with her desires. So, she took this issue to court with the help of Alliance Defending Freedom, deemed an extremist hate group by Southern Poverty Law Center (NY Daily News, 2023). It is important to note that this case was based upon a hypothetical future outcome.
The Ruling Explained
The Supreme Court ruled in favor of 303 Creative LLC. The reasoning used is that Colorado’s Anti-Discrimination Act is infringing on Lorie Smith’s First Amendment. And “when Colorado’s public accommodations law and the Constitution collide, there can be no question which must prevail,” (Supreme Court, 2023). And so, the Supreme Court believes that Lorie Smith’s case not only has merit, but that it supersedes Colorado’s Anti-Discrimination laws. The main cases the Supreme Court used to justify their decision was that of Boy Scouts of America v. Dale and Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston. The exclusion of LGBTQIA+ members were the driving causes for these cases. But the Supreme Court ruled in favor of the other parties, allowing for the exclusion of LGBTQIA+ members.
The Effects of The Supreme Court’s Ruling
The ruling opens up the doors for discrimination. And quite frankly, as a member of the LGBTQIA+ community, this is terrifying. I have been following the progression of this case, and when I saw the official court ruling, I cried. I am terrified.
“In a radical decision, the Supreme Court has issued a ruling in the 303 Creative LLC v. Elenis case. This unprecedented decision will have sweeping and harmful impacts on the LGBTQ+ community and is a dangerous step backwards.”
– The Human Rights Campaign
This ruling is about more than just Lorie Smith’s desire to exclude same-sex couples from her wedding websites. This case shows the American public that if you can find a way to argue for discrimination legally, you can.
This Is Not An Isolated Event. It Will Affect Texas A&M Students.
The effects of this case will not stay isolated to Colorado. This will reach Texas. And this will reach Texas A&M.
Already, there have been a slew of anti-LGBTQIA+ bills proposed in Texas recently as documented by Equalitytexas.org and Translegislation.com. This ruling is just more fuel to the fire. And while this ruling states that it solely focuses on allowing those that have creative speech in their works to deny their service if it goes against their beliefs, the doors to blatantly discriminate have been opened.
Sources:
“2023 Anti-Trans Bills: Trans Legislation Tracker.” 2023 Anti-Trans Bills: Trans Legislation Tracker, https://translegislation.com/. Accessed 30 June 2023.
“303 Creative V. Elenis: Supreme Court Rules in Favor of Web Designer.” New York Daily News, 30 June 2023, www.nydailynews.com/news/national/ny-supreme-court-303-creative-v-elenis-ruling-20230630-imotx7clbzff3pdwzvjau4lt6a-story.html.
“Discrimination.” One Colorado, 20 Nov. 2017, https://one-colorado.org/lgbtq-resources/anti-discrimination-laws-colorado/#:~:text=Colorado%27s%20anti%2Ddiscrimination%20laws%20guarantee,%2C%20national%20origin%2C%20or%20ancestry.
“Human Rights Campaign.” Human Rights Campaign, www.hrc.org/. Accessed 30 June 2023.
“Legislative Bill Tracker 2023: Equality Texas.” Equalitytexas.Org, 13 Mar. 2023, www.equalitytexas.org/legislature/legislative-bill-tracker-2023/. Supreme Court of the United States, 30 June 2023, www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf.