Religious Liberty and Antidiscrimination Law After 303 Creative v. Elenis

This opinion from the Colorado Attorney General analyzes the impact of the Supreme Court's decision in 303 Creative LLC v. Elenis (2023) on state public accommodation antidiscrimination laws. It examines the scope of the First Amendment's protection for businesses providing expressive services that object to same-sex marriage.

The opinion discusses the distinction between protected expressive conduct and commercial services that do not involve expression, and the circumstances under which a business may invoke First Amendment protections to decline service. It analyzes the continuing validity of state antidiscrimination statutes outside the narrow context of compelled speech.

The opinion concludes that while 303 Creative limits the application of antidiscrimination laws to certain expressive services, the vast majority of public accommodations remain subject to nondiscrimination requirements, and the decision does not authorize blanket refusals of service based on a customer's protected characteristics.