ACLU Responds to Supreme Court Ruling in 303 Creative, Inc. v. Elenis

News Release: 
Friday, June 30, 2023

Washington, D.C. – The Supreme Court this morning issued its ruling in 303 Creative v. Elenis. David Cole, Legal Director for the American Civil Liberties Union, offered the following response:

“The Supreme Court held today for the first time that a business offering customized expressive services has the right to violate state laws prohibiting such businesses from discrimination in sales.  The Court’s decision opens the door to any business that claims to provide customized services to discriminate against historically-marginalized groups. The decision is fundamentally misguided. We will continue to fight to defend laws against discrimination from those who seek a license to discriminate.”

The American Civil Liberties Union and the ACLU of Colorado filed an amicus brief urging the Supreme Court to reject the First Amendment challenge to a Colorado civil rights law requiring businesses open to the public to treat customers equally.

303 Creative, Inc. v. Elenis is a part of the ACLU’s Joan and Irwin Jacobs Supreme Court Docket.