303 Creative LLC v. Elenis

303 Creative LLC, owned by Lorie Smith, challenged the Colorado Anti-Discrimination Act, which prohibited businesses from refusing services based on sexual orientation. Smith wanted to expand her graphic design business to create wedding websites but would decline requests for same-sex weddings due to her religious beliefs. She argued that the law would compel her to express messages conflicting with her faith, violating the First Amendment. The Supreme Court, in a 6-3 decision authored by Justice Neil Gorsuch, ruled in favor of 303 Creative. The Court held that Colorado could not force the designer to create expressive content endorsing same-sex marriage. The ruling was issued on June 30, 2023, setting a significant precedent on the intersection of free speech and anti-discrimination law.

The United States Supreme Court ruled 6-3 in favor of 303 Creative LLC and Lorie Smith. The majority held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs conveying messages with which she disagrees, such as promoting same-sex marriage.

Whether applying a public accommodation law to compel an artist or creative business to create expressive content that conflicts with the owner’s beliefs violates the Free Speech Clause of the First Amendment.

The decision was praised by religious liberty and free speech advocates as a protection for creative professionals. However, LGBTQ+ rights groups and civil rights organizations warned that it creates a broad exemption allowing businesses to refuse services to same-sex couples, potentially weakening public accommodation protections nationwide.