Congressional Equality Caucus Condemns Scotus Ruling In 303 Creative LLC v. Elenis

WASHINGTON, DC – Today, the Congressional Equality Caucus released the following statement on today's Supreme Court decision in 303 Creative LLC v. Elenis ruling in favor of the plaintiff. In August of last year, then-Equality Caucus Chair Rep. David N. Cicilline and Sen. Jeff Merkley led more than 130 members of Congress in filing an amicus brief to defend nondiscrimination laws in the case. On December 5, 2022, the Supreme Court heard oral arguments for the case. Today's ruling in favor of 303 Creative LLC provides an unprecedented constitutional basis for businesses involved in providing customized "expressive" services to discriminate against marginalized communities currently protected by public accommodations nondiscrimination laws. The ruling's reasoning is not just limited to LGBTQI+ people; any business that qualifies for this new license to discriminate could refuse to provide their expressive services to a member of any minority community.

"Today's wrongfully decided ruling provides a constitutional basis for businesses that provide customized expressive services to discriminate against all marginalized people currently protected by public accommodations nondiscrimination laws. Our country has long recognized that businesses open to the public should be open to all, but today, this radical Supreme Court has rejected that principle," said Equality Caucus Chair Mark Pocan (WI-02). "It's abhorrent that the Supreme Court has turned the Constitution on its head and ignored decades of precedent to create a constitutional right to discriminate in certain circumstances. I condemn this ruling and urge every business to make clear they reject discrimination and will continue to serve all people, regardless of their identity."

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Founded in 2008, the mission of the Congressional Equality Caucus is to promote equality for all, regardless of sexual orientation, gender identity or expression, or sex characteristics, including intersex traits. The Caucus is strongly committed to achieving the full enjoyment of human rights for LGBTQI+ people in the U.S. and around the world.