News & Analysis as of

Public Accommodation First Amendment

Parker Poe Adams & Bernstein LLP

EEOC Reminds Employers of Limits on Workplace Proselytizing

The U.S. Supreme Court recently held that the First Amendment’s guarantee of free speech protects a business from antidiscrimination laws when that company acts in accordance with its owner’s professed beliefs. ...more

Constangy, Brooks, Smith & Prophete, LLP

2.6 million reasons to keep the 303 Creative holding in perspective

On July 16, Time (the publisher I once knew as Time Magazine) posted an article titled “The Implications of the Supreme Court’s 303 Creative Decision Are Already Being Felt.” The article says that in the first few days after...more

Saiber LLC

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

Saiber LLC on

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

Miles & Stockbridge P.C.

ICYMI: SCOTUS Decides 303 Creative, LLC v. Elenis

On June 30, 2023, the Supreme Court rendered its long-awaited decision in 303 Creative LLC v. Elenis, holding that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs that would...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

Holland & Knight LLP

Religious Institutions Update: July 2023

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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...more

McGlinchey Stafford

SCOTUS Deals Blow to LGBTQ+ Rights, Public Accommodation Law

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In the 303 Creative LLC v. Elenis decision, the Supreme Court set back gains made by the LGBTQ+ community over the past decade. In a 6-3 decision, the nation’s highest Court answered a question about the balance of religious...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

Constangy, Brooks, Smith & Prophete, LLP

What does the Supreme Court’s recent LGBTQ+ opinion mean for employers? Probably not much.

In 303 Creative v. Elenis, the U.S. Supreme Court held that Colorado could not take legal action against a graphic designer who refused to create custom wedding websites for same-sex marriages because of her religious...more

Miller Nash LLP

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

Miller Nash LLP on

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

Littler

Express Yourself – Supreme Court Rules that Businesses May Deny “Expressive Services” to the Public Based on Their Owner’s Beliefs

Littler on

On June 30, 2023, the Supreme Court issued its decision in 303 Creative, LLC v. Elenis.  In a 6-3 opinion authored by Justice Gorsuch, a divided Supreme Court held that the First Amendment’s free speech protection bars...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

Holland & Knight LLP

Religious Institutions Update: January 2023

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Vaccination Mandate Conforms with First Amendment In Kane v. De Blasio, No. 21 Civ. 7863, 21 Civ. 8773, 2022 WL 3701183 (S.D. N.Y. Aug. 26, 2022), the district court ruled that New York City Department of Education employees...more

Littler

Littler Lightbulb – December Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....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

Morgan Lewis on

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

Cozen O'Connor

AG Healey Leads Coalition Filing Anti-Discrimination Brief

Cozen O'Connor on

Massachusetts AG Maura Healey, leading a coalition of nineteen states and the District of Columbia, filed an amicus curiae brief defending the constitutionality of New York’s anti-discrimination law in an appeal to the Second...more

Dorsey & Whitney LLP

The Supreme Court - February 22, 2022

Dorsey & Whitney LLP on

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

Steptoe & Johnson PLLC

Balancing Hospital Visitations and Religious Freedoms During a Pandemic

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On October 20, 2020, the Office for Civil Rights (“OCR”) settled two religious discrimination complaints involving access to clergy during the Public Health Emergency. Both complaints arose from a hospital’s failure to permit...more

Holland & Knight LLP

Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

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Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

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Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

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