In 303 Creative llc v. Elenis, Lorie Smith, the owner and sole employee of the graphic design business 303 Creative, brought a pre-enforcement challenge against the Colorado Anti-Discrimination Act. Smith proposed to start designing wedding websites and planned to establish a policy of denying service to same-sex couples, which violates CADA. Similar arguments which frame discriminatory refusal of service as protected free speech have failed in previous cases. Notably, in the 1964 case Katzenbach v. McClung, the owner of the restaurant Olie’s Barbeque argued that his free speech rights were violated by the requirement that he serve black customers. Justice Sonia Sotomayor wrote the dissent, which argues that discrimination against a protected class such as sexual orientation is illegal conduct and not protected free speech.

Source: Daily Sun August 01, 2023 22:41 UTC