Equality Caucus Statement on 303 Creative LLC v. Elenis

WASHINGTON, D.C. – Today at 10:00am, the Supreme Court of the United States will hear oral arguments for the case 303 Creative LLC v. Elenis. On February 22, 2022, the Supreme Court announced it would consider an appeal of this case from the Court of Appeals for the 10th Circuit and consider "whether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment." The framing of this question implies that the Supreme Court could issue a broad ruling that not only implicates nondiscrimination laws' applications to graphic designers but to a wide range of businesses providing goods and services that have an artistic component. A broad ruling for the graphic designer could not only provide a constitutional basis for discriminating against same-sex couples, but also for discriminating against all marginalized people currently protected by public accommodations nondiscrimination laws.

Last year, Congressional LGBTQ+ Equality Chair Rep. David N. Cicilline (RI-01) and Senator Jeff Merkley (OR) teamed up to further equal rights for all by introducing the Equality Act in both Chambers of Congress to explicitly prohibit anti-LGBTQ+ discrimination in public accommodations, among other areas. In August of this year, Rep. Cicilline and Sen. Merkley led more than 130 members of Congress in filing an amicus brief to defend nondiscrimination laws in 303 Creative LLC v. Elenis.

"Discrimination should never be allowed against any person because of who they are or who they love," said Chair Cicilline (RI-01). "A broad ruling in favor of the graphic designer in 303 Creative would both perpetuate discrimination towards marginalized communities and contravene the spirit and purpose of our country's nondiscrimination laws. There is nothing unconstitutional about barring commercial entities from discriminating against customers. I hope as the Justices listen to oral arguments later this morning, they will understand the value and necessity of protecting our nondiscrimination laws. A decision granting petitioners' request for a constitutional right to discriminate would be devastating for LGBTQ+ and other communities."

Founded in 2008, the mission of the Congressional LGBTQ+ Equality Caucus is to promote equality for all, regardless of sexual orientation or gender identity. The Caucus, which is led by the nine openly LGBTQ+ members of the House of Representatives, is strongly committed to achieving the full enjoyment of human rights for LGBTQ+ people in the U.S. and around the world.

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