Hi Class,
Recently, the US Supreme Court issued its decision in the case of 303 Creative LLC v. Elenis. By a 6-3 vote, the Court has created a carve out to public state accommodation laws that bar discrimination based on sexual orientation. The Court ruled that a proclaimed Christian graphic artist who wants to design wedding websites can refuse to work with same-sex couples. The Court created this exception on the basis of 1st Amendment free speech. Summaries of this Court decision (including the full Court opinion) can be found in the links below.
For a possible (3) points extra credit, please answer the following questions:
1. What potential ramifications does this decision have on businesses? Does this open the door for private businesses to legally discriminate against other protected classes of people?
2. Based on this decision, can the tables be turned – can a private business such as a lawyer refuse to represent a client based on their political orientation? For example, if a lawyer finds individuals who identify as MAGA to be adverse to their personal beliefs, and as their work involves the business of speech, can the lawyer expressly decline cases purely on the basis of political affiliation?
3. Does your answer in question #2 change if the facts are revised such that the lawyer refuses to represent any clients whose religious beliefs differ from those of the lawyer?
https://www.npr.org/2023/06/30/1182121291/colorado-supreme-court-same-sex-marriage-decision#:~:text=By%20a%206%2Dto%2D3,creating%20a%20message%20she%20opposesLinks to an external site..
https://apnews.com/article/supreme-court-gay-rights-website-designer-aa529361bc939c837ec2ece216b296d5Links to an external site.
https://oercommons.org/courses/business-law-and-th…
