The Supreme Court on Friday allowed certain businesses to discriminate against LGBTQ+ people, creating a large loophole in federal and state civil rights laws that have protected Americans for decades. Justice Neil Gorsuch authored the opinion for the court’s conservative justices, who made up the 6 vote majority. The court’s three Democratic-appointed justices dissented.
The case, 303 Creative v. Elenis, was brought by a web designer who wants to create wedding websites for opposite-sex couples but not for same-sex couples—a form of economic discrimination that harkens back to the era before the civil rights movement. But under Colorado’s public accommodations law, services offered to some people must be offered to all. Today, the Republican-appointed justices rolled back the clock and once again opened the marketplace to discrimination.
The court ruled that the web designer’s work is a form of artistic expression and that forcing her to create a website for a same-sex wedding is compelling speech in violation of her First Amendment rights. The ruling thus draws a huge loophole in civil rights law for businesses who claim that their product is a form of speech.
It creates a new reality for LGBTQ+ people, who can now face discrimination from businesses that refuse to serve them because of who they are. In some areas of the country, this might make it difficult to procure certain goods and services. But throughout the nation, it creates the impression that LGBTQ+ people are second-class citizens who do not have the same freedoms as everyone else.