303 creative decision In a closely watched Free Speech case, 303 Creative v. Elenis , the U.S. Supreme Court ruled that the First Amendment bars the state of Colorado from enforcing its nondiscrimination law against a website designer who wants to create custom wedding websites as part of her business but not for same-sex marriages, which she opposes on religious grounds. In a 6-3 ruling, the Court emphasized that unlike the goods and services offered by many other businesses, the custom websites proposed at issue in this case are “expressive speech” protected by the Constitution. Writing for the majority, Justice Neil Gorsuch explains : States may “protect gay persons, just as [they] can protect other classes of individuals, in acquiring whatever products and services they choose on the same terms and conditions as are offered to other members of the public. And there are no doubt innumerable goods and services that no one could argue implicate the First Amendment.” … At the same time, this Court has also recognized that no public accommodations law is immune from the demands of the Constitution. In particular, this Court has held, public accommodations statutes can sweep too broadly when deployed to compel […]
