More than 20 states across the country have public accommodation laws to prevent businesses from discriminating against customers based on things like race, gender, religion, or sexual orientation.But a recent U.S. Supreme Court decision could put these protections at risk. Last month, in a 6-to-3 decision, the court ruled in it would be unconstitutional under the First Amendment for Lorie Smith, the plaintiff in
303 Creative v. Elenis, to have to create a message she opposes – in this case, a wedding website for a same-sex couple. The case raises big questions about what counts as creative speech under the First Amendment and also about questions about the fate of anti-discrimination protections across the country.We unpack the implications of the Supreme Court decision with legal and First Amendment scholars.
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