(Slip Opinion) OCTOBER TERM, 2022 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus 303 CREATIVE LLC ET AL. v. ELENIS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 21–476. Argued December 5, 2022—Decided June 30, 2023 Lorie Smith wants to expand her graphic design business, 303 Creative LLC, to include services for couples seeking wedding websites. But Ms. Smith worries that Colorado will use the Colorado Anti-Discrimi- nation Act to compel her—in violation of the First Amendment—to cre- ate websites celebrating marriages she does not endorse. To clarify her rights, Ms. Smith filed a lawsuit seeking an injunction to prevent the State from forcing her to create websites celebrating marriages that defy her belief that marriage should be reserved to unions be- tween one man and one woman. CADA prohibits all “public accommodations” from denying “the full and equal enjoyment” of its goods and services to any customer based on his race, creed, disability, sexual orientation, or other statutorily enumerated trait. Colo. Rev. Stat. §24–34–601(2)(a). The law defines “public accommodation” broadly to include almost every public-facing business in the State. §24–34–601(1). Either state officials or private citizens may bring actions to enforce the law. §§24–34–306, 24–34– 602(1). And a variety of penalties can follow any violation. Before the district court, Ms. Smith and the State stipulated to a number of facts: Ms. Smith is “willing to work with all people regard- less of classifications such as race, creed, sexual orientation, and gen- der” and “will gladly create custom graphics and websites” for clients of any sexual orientation; she will not produce content that “contra- dicts biblical truth” regardless of who orders it; Ms. Smith’s belief that marriage is a union between one man and one woman is a sincerely held conviction; Ms. Smith provides design services that are “expres- sive” and her “original, customized” creations “contribut[e] to the over- all message” her business conveys “through the websites” it creates; the wedding websites she plans to create “will be expressive in nature,” 2 303 CREATIVE LLC v. ELENIS Syllabus will be “customized and tailored” through close collaboration with in- dividual couples, and will “express Ms. Smith’s and 303 Creative’s message celebrating and promoting” her view of marriage; viewers of Ms. Smith’s websites “will know that the websites are her original art- work;” and “[t]here are numerous companies in the State of Colorado and across the nation that offer custom website design services.” Ultimately, the district court held that Ms. Smith was not entitled to the injunction she sought, and the Tenth Circuit affirmed. Held: The First …
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