Today, the Supreme Court issued a harmful and dangerous decision in the case of 303 Creative v. Elenis, ruling that a website design business open to the public can deny wedding website services to same-sex couples based on “free speech.” A Better Balance strongly condemns the Court’s unprecedented opinion: businesses that are open to everyone should not be able to refuse service to individuals based on who they are and should have to comply with nondiscrimination laws.
As we move forward, it is important to recognize the specific facts in this case, which involved a website designer who accepts specific commissions and whose business, the Court emphasized, is “expressive in nature” and involves original artwork. The case did not touch on issues of employment or housing discrimination. Therefore, we believe this unjust decision should be viewed as limited in its nature, and A Better Balance will support our LGBTQ rights and civil rights partners in ensuring that this decision’s impact remains narrow and is not exploited to establish a general license to discriminate against LGBTQ individuals or other protected classes.
Even if the impact of today’s ruling is appropriately limited in future decisions, it is important to recognize that the Supreme Court’s decision represents an assault on LGBTQ people and exploits the First Amendment in an effort to roll back LGBTQ equality in the United States. Today’s decision in 303 Creative also comes only one day after the Supreme Court struck down affirmative action in college admissions, another deeply disappointing and unjust decision. It is clear from these harmful decisions that the Supreme Court is reversing hard-won progress in the United States and blocking efforts to ensure the country is more equitable and inclusive.
Polls also show just how out of step the Supreme Court is with the American public, with strong majorities supporting LGBTQ+ equality and opposing the ability of businesses to use religion as a basis for denying services.
A Better Balance is proud to be a member of the Open to All nondiscrimination campaign, a coalition of more than 200 nonprofits and thousands of businesses that are committed to the principle that businesses open to the public must be open to all. Today’s terrible decision makes it clear that we must collectively redouble our work to protect the rights of LGBTQ individuals and other protected classes. A Better Balance will continue to fight at all levels of government to strengthen nondiscrimination protections, advance LGBTQ rights, and ensure that businesses treat all individuals with the dignity and respect that they deserve.
