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Same-Sex Marriage › First Amendment

Same-sex marriage refers to marriage between two individuals of the same sex. Historically, such marriages have not been legally recognized. However, there has been a growing trend to expand marriage rights to... more +
Same-sex marriage refers to marriage between two individuals of the same sex. Historically, such marriages have not been legally recognized. However, there has been a growing trend to expand marriage rights to same-sex couples. The United States Supreme Court addressed aspects of this issue in Windsor v. United States and Hollingsworth v. Perry.  less -
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

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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...

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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

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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

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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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Delays Arguments in Religious Discrimination Case for Pending Supreme Court Decision

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Over the past decade, federal courts have repeatedly reviewed religious-affiliated employers' ability to avoid federal discrimination claims. Courts recognize a "ministerial exception" that prevents discrimination claims by...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

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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

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

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

Dorsey & Whitney LLP

The Supreme Court - February 24, 2020

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Today, the Supreme Court of the United States issued the following opinion: Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, No. 18-921: Active and retired employees of Catholic schools in Puerto Rico filed a...more

Constangy, Brooks, Smith & Prophete, LLP

"Masterpiece Cakeshop Two" Is Over

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Jack Phillips and the state of Colorado are going their separate ways. Last August, I wrote about a new lawsuit filed by Jack Phillips, owner of Masterpiece Cakeshop, against the Colorado Civil Rights Commission. Mr....more

Constangy, Brooks, Smith & Prophete, LLP

Christian Baker's Lawsuit Against Colorado Can Proceed, Court Says

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As long as it's the principle (and I think it is). Remember Jack Phillips, the Christian proprietor of Masterpiece Cakeshop in Colorado? He refused to bake a cake for a same-sex wedding and was found by various authorities...more

Constangy, Brooks, Smith & Prophete, LLP

Masterpiece Cakeshop, Round 2

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The Colorado baker is going on offense. You may have thought the Masterpiece Cakeshop case -- in which a baker refused on religious grounds to bake a custom cake for a same-sex wedding -- was over after the Supreme Court...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

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The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Miles & Stockbridge P.C.

Masterpiece Cakeshop: Considerations for Employers

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On June 4, 2018, the United States Supreme Court issued its long-awaited opinion in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, ultimately siding with the baker who refused to make a wedding cake for a gay...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

FordHarrison

U.S. Supreme Court Sides with Wedding Cake Baker in Gay Rights Case Based on Civil Rights Commission's Impermissible "Hostility"

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On June 4, 2018, the United States Supreme Court, in a 7-2 ruling, found in favor of Jack Phillips, owner of Masterpiece Cakes, who refused to make a wedding cake for a same-sex couple. He cited religious beliefs condemning...more

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