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Some U.S. Court of Appeals have a long history of issuing decisions that are demonstrably hostile to wedding artists seeking to exercise their First Amendment rights.
Whether for wedding flowers or for custom designed wedding cakes , these courts have repeatedly circumvented the rights of business owners to both practice their religious freedom and refuse to affirm messages that contradict their religious beliefs in the provision of their unique services.
By applying nondiscrimination laws to businesses they deem to be public accommodations, the states of Colorado and Washington have so far found a way to subjugate the First Amendment rights of those proprietors to the desire of individuals seeking a particular wedding product or service from a particular vendor. To date, they have consistently found the latter be the more compelling. But one wedding vendor in Colorado is hopeful that such a trend won’t last.
On Wednesday, the Supreme Court granted writ of certiorari in another “wedding vendor” case. In 303 Creative LLC v. Elenis , the court will decide whether a state’s application of a nondiscrimination law, which would compel a website designer to create a website for a same-sex wedding, which she believes violates her sincerely held religious beliefs, violates her right to free speech under the First Amendment.
While past wedding vendor cases have focused on the free exercise clause, this case raises different arguments that the Supreme Court has not considered.
The petitioner, 303 Creative, had sought the Supreme Court’s review on two questions:
1. Whether applying a public accommodation law to compel an artist to speak or stay silent, contrary to the artist’s sincerely held religious beliefs, violates the free speech or free exercise clauses of the First Amendment.
2. Whether a public accommodation law that authorizes secular but not religious exemptions is generally applicable under Employment Division v. Smith , […]
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