303 Creative v. Elenis

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in support of a Petition for Certiorari filed by small business owner who provides website design services.  She would like to begin offering custom wedding websites, but the Colorado Anti-Discrimination Act (the same law used against Jack Phillips and Masterpiece Cakeshop) would require her to create websites celebrating same-sex marriage, contrary to her religious beliefs.  So she challenged application of the Act or her business plan.

Our amicus brief urged the Supreme Court to grant certiorari to review the Tenth Circuit’s sanctioning of the CADA’s violation of the First Amendment Freedom of Speech and the Free Exercise Clause.   Our brief also described this historic purpose of public accommodations laws and the improper expansion to provide special privileges to politically powerful classes.  We asked the Court to grant certiorari not just to protect “artists” but to protect all business owners from being compelled to compromise their faith by participating in same-sex marriage ceremonies.

Link to brief