On this last day of Pride Month 2023, the Capital Pride Alliance expresses its profound disappointment with this morning’s horrific Supreme Court decision in 303 Creative LLC v. Elenis, which inexplicably permits a Colorado web designer the right to refuse to design same-sex wedding websites under the First Amendment — despite a Colorado anti-discrimination law that bars businesses from discriminating against LGBTQ+ people. As Justice Sonia Sotomayor noted in her dissent: “Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class.” Indeed, this case is not so much about free speech but rather the opportunity for a business to tout its discriminatory policy.
In a series of decisions, including Dobbs, which last year overturned Roe v. Wade, yesterday’s ruling sweeping away affirmative action, and today’s decision granting a business a license to discriminate against the LGBTQ+ community, the Court appears to be engaging in political rather than legal decisions unbound by precedent. The six-justice majority is acting as a super legislature willing to step into controversies affecting women and minority communities. These rulings are a direct result of the 2016 election coupled with Mitch McConnell’s duplicitous and shifting rules about the propriety of filling Supreme Court vacancies.
These six justices have taken on an expansive view of religious liberties that portends dangerous steps backward. Let us be very clear: we will not tolerate any regression of our rights. We have fought too long and too hard to sit by while the rights of the LGBTQ+ community are in any way diminished. We honor those who came before us by continuing the fight that they started.