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ARTICLE · 28 JULY 2023

Religious Institutions Update: July 2023

Holland & Knight
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In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...

United StatesEmployment and HR
Nathan Adams IV
Nathan Adams IV
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Key Cases

Free Speech

Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law

In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff sought against the Colorado Anti-Discrimination Act (CADA). The plaintiff sought to expand her graphic design business to include services for couples seeking wedding websites but worried for religious reasons that CADA would compel her to create websites defying her belief that marriage should be reserved to unions between one man and one woman. The parties stipulated that the websites that the plaintiff plans to create are "expressive in nature." CADA prohibits all "public accommodations" from denying the full and equal enjoyment of its goods and services to any customer made on the basis of race, creed, disability, sexual orientation or other statutorily enumerated trait. C.R.S. § 24-34-601(2)(a). Either state

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