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Supreme Court of the United States Same-Sex Marriage

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Fleurinord Law PLLC

The Importance of Estate Planning for LGBTQ+ Couples in Texas and Florida

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The landscape of marriage in the United States has transformed significantly, particularly for same-sex couples, following pivotal legal battles that sought to recognize their right to marry. Understanding the nuances of...more

Saiber LLC

New Jersey Issues Guidance on Discrimination Law Following Supreme Court’s Decision on LGBTQ+ Rights

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The New Jersey Division of Civil Rights (DCR) recently issued guidance on how the DCR will enforce the New Jersey Law Against Discrimination following the U.S. Supreme Court’s decision in 303 Creative LLC v. Elenis....more

Foley & Lardner LLP

Employers Beware: The Potential Employment-Related Impacts of 303 Creative LLC v. Elenis

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On the final day of the 2022-23 term, the U.S. Supreme Court issued its decision in 303 Creative LLC v. Elenis. In its decision, the Supreme Court held that forcing a single-member company to design websites for weddings of...more

Davis Wright Tremaine LLP

303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers

The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling,...more

Morgan Lewis

Antidiscrimination Laws Cannot Compel Businesses to ‘Express’ Messages They Disagree With

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The US Supreme Court on June 30 sided with a website designer who claimed the First Amendment shielded her from liability under state civil rights laws for refusing to create wedding websites for same-sex couples....more

Miller Nash LLP

Supreme Court Rules Website Designer’s Right to Free Expression Outweighs Duty Not to Discriminate in Providing Certain...

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Digesting the multiple decisions from the U.S. Supreme Court is going to take time and Miller Nash’s labor & employment team will provide more substantial insight in due course. In the meantime, however, we wanted to provide...more

FordHarrison

Implications of Supreme Court's Decision in 303 Creative LLC on First Amendment Rights in the Workplace

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Executive Summary: On June 30, 2023, the U. S. Supreme Court issued its ruling in 303 Creative LLC v. Elenis. At issue in the case was a pre-enforcement challenge to Colorado’s public accommodation law, which prohibits...more

Epstein Becker & Green

Divided Court Gives Primacy to Freedom of Religion, Invokes “Major Questions Doctrine” to Overturn Student Loan Forgiveness...

June 30th is the nominal last day of the Supreme Court’s current term. The Court began the day with the long-awaited decision in 303 Creative LLC v. Elenis, another 6-3 jurisprudentially ideological split in which, per...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Says Wedding Website Designer May Refuse Same-Sex Couples Under First Amendment

On June 30, 2023, the Supreme Court of the United States ruled a wedding website designer who has religious objections to same-sex marriage may legally refuse to design websites for same-sex couples because the First...more

Jackson Lewis P.C.

U.S. Supreme Court: First Amendment Entitled ‘Expressive’ Web Designer to Refuse Service to Same-Sex Couples

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Colorado’s Anti-Discrimination Act (CADA) constituted an impermissible infringement on its citizens’ First Amendment right to freedom of speech, as the Act could compel individuals and businesses to engage in speech with...more

Sherman & Howard L.L.C.

Supreme Court: Colorado Website Designer May Refuse Projects Based on Religious Beliefs

Five years after Colorado's handling of a charge brought under its Antidiscrimination Act (CADA) was before the Supreme Court in the context of wedding cake design, the Court held today in a 6-3 decision that Colorado cannot...more

Jackson Lewis P.C.

U.S. Supreme Court Hears Oral Argument in Case Testing Limits of State Anti-Discrimination Law

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The U.S. Supreme Court weighed the rights of LGBTQ+ people to be free from discrimination in the marketplace against a Colorado business owner’s right to free speech when it heard oral argument in 303 Creative LLC v. Elenis...more

Fisher Phillips

Congress Passes Landmark Bill Protecting Same-Sex Marriage: Key Takeaways for Employers

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In a historic move, both chambers of Congress have approved legislation protecting the right of same-sex couples to get married, and President Biden is expected to quickly sign the bill into law. The U.S. House of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Hears Arguments on Whether Wedding Website Creator Can Refuse Same-Sex Couples

On December 5, 2022, the Supreme Court of the United States heard oral arguments in a case on whether a wedding website creator may legally refuse to make websites for same-sex couples based on First Amendment grounds....more

Morgan Lewis

Supreme Court Asked To Exempt Creative Businesses From Public Accommodations Laws

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The US Supreme Court heard arguments on December 5, 2022, in 303 Creative LLC v. Elenis, No. 21-476, which asks whether a website design company has a constitutionally protected free speech right to refuse to design wedding...more

Holland & Hart LLP

Supreme Court Poised to Issue Blockbuster Decision on Free Speech

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Earlier this year, the U.S. Supreme Court agreed to hear 303 Creative, LLC v. Elenis, an appeal brought by a Colorado website designer who claims she has a First Amendment right to refuse to make websites for same-sex...more

Holland & Hart - The Benefits Dial

I Wanna Know What Love Is . . . and When to Provide Domestic Partner Benefits

When the Supreme Court legalized same-sex marriages back in 2015, the IRS clarified that two people are legally married under federal law when they also are legally married under their state’s law. Because of this...more

Constangy, Brooks, Smith & Prophete, LLP

Congress Is Considering the Respect for Marriage Act Bill

We are monitoring any developments regarding the Respect for Marriage Act – and employers should be prepared to act quickly to review any impact on their employment policies and benefits plans....more

Lasher Holzapfel Sperry & Ebberson PLLC

If the U.S. Supreme Court’s Overturning of Roe v. Wade has Caused You Feelings of Anxiety, it Might be a Good Time to Take a Pause...

With Roe v. Wade overruled, people are aptly concerned that the constitutionality of same-sex marriage may be in jeopardy. That fear is exacerbated by Justice Thomas’ concurrence in Dobbs v. Jackson Women’s Health...more

Constangy, Brooks, Smith & Prophete, LLP

Pride: More than a Single Month, More than a Single Decision

As Pride Month draws to a close, employers should focus on how to create a more inclusive workplace throughout the year. From day one of law school, I have revered the Supreme Court Justices and its opinion. I have held...more

Dorsey & Whitney LLP

The Supreme Court - February 22, 2022

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Adolfo Arellano v. Secretary of Veterans Affairs, No. 21-432: This case concerns whether equitable tolling may extend the deadline for veterans to submit an application for disability benefits under 38 U.S.C. § 5110(b)(1)...more

Miller Canfield

Supreme Court Rules on the ACA & Interplay Between the First Amendment & LGBTQ Community

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On June 17, 2021, the Supreme Court issued two decisions that may concern employers and their businesses. In Fulton v. City of Philadelphia, the Supreme Court unanimously ruled that Catholic Social Services (“CSS”), a...more

Dorsey & Whitney LLP

The Supreme Court - June 17, 2021

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California v. Texas, Nos. 19-840, 19-1019:  The Affordable Care Act’s individual mandate, as it is commonly known, requires individuals to maintain a minimum level of health insurance coverage. As originally passed, the Act...more

Constangy, Brooks, Smith & Prophete, LLP

A Reflection On PRIDE And family

June is Pride month, which celebrates Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, Allies and Pansexual (LGBTQIA+) persons. The annual recognition of Pride is in June to honor the Stonewall Riots of 1969....more

Obermayer Rebmann Maxwell & Hippel LLP

Back In the Saddle and Ready To Ride: Will SCOTUS Buck Social Trends in the LGBT Rights Rodeo?

October 7, 2019 marked the beginning of a new U.S. Supreme Court term. One significant employment law matter the Court is expected to rule on has to do with lesbian, gay, bisexual and transgender (“LGBT”) rights. In a trio of...more

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