303 Creative LLC v. Elenis
303 Creative LLC v. Elenis (2023)
1) Link to the Actual Opinion
Read the Supreme Court opinion (PDF)
2) Summary of the Opinion
Lorie Smith, owner of 303 Creative, a web design company, wanted to expand into wedding websites but objected to creating designs for same-sex marriages, citing religious beliefs. Colorado’s anti-discrimination law prohibited businesses from denying services based on sexual orientation. The Supreme Court ruled 6–3 that forcing Smith to create such websites would violate the First Amendment’s Free Speech Clause by compelling her to express a message she disagreed with.
3) Why It Mattered
The decision marked a significant expansion of free speech protections for business owners, raising questions about the balance between anti-discrimination laws and expressive freedom.
4) What It Provided or Took Away
- Provided: Strong protection for individuals and businesses against compelled speech.
- Took Away: Some of the reach of anti-discrimination laws in cases involving expressive services.
5) Overreach or Proper Role?
Supporters hailed it as a victory for free expression and religious liberty. Critics warned it opened the door to broader discrimination under the guise of speech rights.
6) Plain-English Impact Today
Businesses offering custom expressive services (like design, writing, or art) cannot be forced by law to create messages that go against their beliefs. Anti-discrimination protections remain, but with limits where speech is involved.