‍‍Denver, CO – Today the U.S. Supreme Court issued a ruling in 303 Creative v. Elenis, a case about whether a Colorado business that is open to the public can be granted an unprecedented “free speech” exemption from state nondiscrimination law in order to turn away customers they would rather not serve. In its ruling, the Court invented a “free speech” exemption to Colorado’s public accommodations nondiscrimination law for any business that involves “expression.” The decision weakens fundamental rights and protections for LGBTQ+ Coloradans and potentially anyone who experiences discrimination – and could lead to a blow to the 22 U.S. states that explicitly prohibit anti-LGBTQ discrimination in places of public accommodation. One Colorado, the state’s leading advocacy organization for lesbian, gay, bisexual, transgender, and queer (LGBTQ+) Coloradans and their families, released statements following their joint press conference with Attorney General Phil Weiser.

‍Nadine Bridges, MSW (she/her), Executive Director of One Colorado, said today:

“This ruling is radical and reckless. And it threatens to return Colorado – and our country – to a time when businesses regularly turned people away because of who they are. Business owners have the freedom to express their beliefs, but this ruling undermines decades of settled case law and public norms affirming that once you open the doors of your business to the public, you should be open to all. Colorado’s nondiscrimination laws exist to respect the rights of every person to obtain the goods and services they need, because exclusion in the public market hurts us all. This case was never about websites or weddings – it was deliberately fabricated to undermine the civil rights laws that protect all of us from discrimination. The U.S. Supreme Court’s decision to take the case, let alone rule in this way, is further evidence of how this Court has been compromised. For everyone who expects our country to deliver on its promise of equality for all, this dangerous decision is a clear call to get engaged in our work and join the fight to protect the fundamental freedoms of LGBTQ+ people and all Coloradans.I know that businesses across Colorado, and the majority of Coloradans, disagree with this dangerous ruling and support LGBTQ+ equality. We call on all fair-minded business owners to condemn discrimination and continue their longstanding commitments to treat everyone with dignity and respect – and to remain open to all.”

‍Attorney General Phil Weiser (he/him), said today:

“This case is not about websites or speech – but the ability of all to enter the public marketplace as equals. Equality and fairness are core Colorado values and we have protected people in our state from discrimination in public accommodations for more than 100 years. We will work hard to ensure that, within the confines of the Court’s opinion, we take action to hold accountable those who engage in unlawful discrimination.”See the Attorney General's press release here.

‍Shara Smith (she/her), Executive Director of Interfaith Alliance, said today:

“This is a particularly sad day not just for our friends in the LGBTQ+ community, but for people of color, immigrants, and other marginalized communities. This decision creates a legal basis for discrimination based on religious freedom and will only encourage others with prejudiced beliefs to act out on them. We’re all free to practice our own faiths as we choose, but that doesn’t mean we’re free to deny others their freedoms based on our own biases. We continue to stand with our LGBTQ+ friends and family and will never stop using our collective voices to build a society that accepts everyone as they are.”

‍AJ Shaikh (he/him), Chairperson of the LGBTQ Chamber of Commerce said today:

“The LGBTQ community is not going to give up without a fight. Despite this setback, the Colorado LGBTQ Chamber of Commerce and our membership base will continue to fight for civil rights and liberties. If you are a business owner and want to make LGBTQ consumers feel safe to purchase goods and services, please seek certification through the Colorado LGBTQ Chamber of Commerce.”

‍Rex Fuller (he/him), Executive Director of The Center on Colfax said today:

“Though we have not always lived up to our ideals, this country was founded on a simple principle: that everyone deserves to be treated equally. For fifty years, settled law and common decency said that when a business opens its doors to the public, that business should be open to all - a core principle that is at the heart of how we treat one another. Today, the Court decided that it doesn't matter anymore.”

In a forceful dissent of the majority opinion, Justice Sotomayor wrote:

“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… Around the country, there has been a backlash to the movement for liberty and equality for gender and sexual minorities. New forms of inclusion have been met with reactionary exclusion.  This is heartbreaking. Sadly, it is also familiar.  When the civil rights and women’s rights movements sought equality in public life, some public establishments refused. Some even claimed, based on sincere religious beliefs, constitutional rights to discriminate.  The brave Justices who once sat on this Court decisively rejected those claims. On December 5, 2022, the Supreme Court heard oral arguments in the 303 Creative LLC v. Elenis case to determine if businesses open to the public can be constitutionally prohibited from discriminating against customers. The Supreme Court was asked to consider whether a business that is open to the public can be granted an unprecedented “free speech” exemption from state anti-discrimination law in order to turn away customers they would rather not serve. Colorado’s Anti-Discrimination Act (CADA) protects LGBTQ+ people from discrimination on the basis of sexual orientation, gender expression, or gender identity. In 2007, Colorado Governor Bill Ritter signed into law Senate Bill 07-025, expanding the Employment Nondiscrimination Act to protect LGBT Coloradans from discrimination in the workplace at the state level for the first time. In 2008, nondiscrimination protections were expanded again when the Colorado Anti-Discrimination Act was updated to prohibit discrimination against LGBT Coloradans in housing and public accommodations. CADA has been updated multiple times since, including in 2021 when gender expression and gender identity were added as protected classes. Altogether, CADA prohibited discrimination in housing, employment, and places of public accommodation based on gender identity, gender expression, sexual orientation, and many other protected classes.Today’s decision undermines the Colorado Anti-Discrimination Act."

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One Colorado is the state’s leading advocacy organization for LGBTQ+ Coloradans and our families, working to progress the lived and legal equality of LGBTQ+ Coloradans. One Colorado effectively collaborates with partners across the state in areas of health equity, youth and schools, and community engagement to ensure the voices of LGBTQ+ Coloradans are heard and represented within halls of power and through elections, so that all LGBTQ+ families and their communities can thrive.