Denouncing U.S. Supreme Court Decision in 303 Creative LLC v. Elenis Threatening LGBTQ+ Access to Public Accommodations
“Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class.”Sotomayor, J. (dissenting)
Philadelphia, PA – June 30, 2023: The Philadelphia LGBTQ Bar Association expresses its profound concern regarding the recent decision by the Supreme Court in 303 Creative LLC v. Elenis. In this case, the Supreme Court of the United States announced in a decision by Justice Gorsuch that businesses have a right to point to their religious beliefs to avoid compliance with generally applicable anti-discrimination laws so long as their business is “expressive”. The effect of this decision is that businesses can discriminate against LGBTQ+ individuals and refuse service to LGBTQ+ individuals and couples, which flies in the face of our community's hard-won progress towards equality and inclusion.
“This decision sets a dangerous precedent that could open the door to more discrimination against members of the LGBTQ+ community, particularly in the areas of employment, housing, and public accommodations,” said Kevin Levy, Chair of the Philadelphia LGBTQ Bar Association. “And it isn’t lost on us that this decision comes during LGBTQ+ Pride Month, a time where the LGBTQ+ community and our allies come together to celebrate our community’s achievements and continue to wage battles for full equality under the law.”
Justice Gorsuch’s framing of the question presented in this case was lacking: “[I]n this particular case Colorado does not just seek to ensure the sale of goods or services on equal terms. It seeks to use its law to compel an individual to create speech she does not believe.” Rather, the law at issue seeks to prohibit a return to an era in which job applications were whimsically marked which ethnicities need not apply, and a time in which the ability to drink from any given water fountain was regulated based on the color of a person’s skin.
As an organization dedicated to promoting equality and justice for all members of the LGBTQ+ community, we believe that this decision undermines fundamental principles of fairness. The ruling sends a dangerous message that businesses could be legally permitted to use religious beliefs as a shield to discriminate against LGBTQ+ individuals, creating a license to discriminate that undermines the civil rights of all Americans. However, this case represented the increasing weaponization of religious liberty claims not just as a shield, but as a sword against equality under the law. The plaintiff in this case has never served an LGBTQ+ couple and has never been asked to serve an LGBTQ+ couple. The Supreme Court apparently ruled in favor of a plaintiff who fought an imaginary battle against the LGBTQ+ community and succeeded in tearing down vital public accommodations protections for not just LGBTQ+ people, but for all members of non-majoritarian communities.
We call on Congress and state legislatures around the nation to take action to protect the rights of LGBTQ+ individuals and ensure that they are afforded the same protections as all other Americans. We urge our elected officials to pass comprehensive anti-discrimination legislation that will protect all individuals from discrimination based on sexual orientation, gender identity and gender expression. We stand with our LGBTQ+ brothers and sisters and urge all Americans to join us in speaking out against this decision. We must continue to fight for equal treatment under the law, regardless of sexual orientation or gender identity. We will not be silent while our community is targeted and marginalized.=
We also call on businesses to do the right thing and reject discrimination in all forms. Businesses should not be allowed to use their religious beliefs as an excuse to discriminate against LGBTQ+ individuals. We urge all businesses, big and small, to embrace diversity, equity, and inclusion and to provide equal opportunities for all members of their communities.
“In a time where LGBTQ+ Americans face an unprecedented onslaught at all levels of government, it is incredibly disheartening to see an increasingly hostile judiciary remove key protections for our community,” Levy said. “But we are resolved to continue fighting these important battles on civil rights issues from the state house, to the courthouse, and to the White House. As we continue to fight battles here at home in Philadelphia with SPLC-designated hate groups at our front door, we will remain undeterred in our pursuit of equality under the law.”
In the face of this setback, the Philadelphia LGBTQ Bar Association remains committed to fighting for justice and equality for all members of the LGBTQ+ community. We will continue to work tirelessly to protect the rights of LGBTQ+ individuals and to ensure that they are afforded the same protections as all other Americans.
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About the Philadelphia LGBTQ Bar Association
The Philadelphia LGBTQ Bar Association is a nonprofit, nonpartisan membership organization dedicated to the advancement of the welfare and full equality of the LGBTQ+ community, the promotion of the expertise and advancement of LGBTQ+ legal professionals in the greater Philadelphia metropolitan area, and the education of the larger community on LGBTQ+ legal issues. The Association’s mission also includes promoting the welfare of society by advocating for the civil and human rights of all persons, regardless of race, creed, gender, sexual orientation, ethnicity, or national origin.
