Attorney General Phil Weiser statement on 303 Creative civil rights case

June 30, 2023 (DENVER) — Attorney General Phil Weiser released the following statement in response to the U.S. Supreme Court’s decision in 303 Creative v. Elenis:

“Today’s U.S. Supreme Court decision in 303 Creative v. Elenis will permit businesses to turn away LGBTQ customers just by claiming that they sell expressive or artistic services. This deeply concerning opinion is far out of step with the will of the American people and American values. The opinion represents a radical departure from decades of Court precedent and fails to uphold the principle of ‘Equal Justice Under Law’ inscribed on the U.S. Supreme Court building.

“Today’s sweeping decision threatens to destabilize our public marketplace and encourage all kinds of businesses—not just those serving weddings—to claim a First Amendment free speech right to refuse service to certain customers. A business may think that it can refuse to serve interracial couples because it believes interracial marriage is wrong. A payroll company may read today’s opinion as license to refuse service to women-owned businesses because the businessowner believes women should not work outside the home. A bookseller of religious texts may believe it can refuse to sell books to a member of the Church of Jesus Christ of Latter-day Saints because he doesn’t believe it to be a legitimate religion. And so on.

“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.

“I stand firmly with the LGBTQ community. We have come too far in the struggle for freedom and equality to give ground now. And we will continue to fight other attempts to rollback our anti-discrimination laws.”

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