Colorado Politics

303 Creative decision exacerbates marginalization | COUNTERPOINT

Lisa LaBriola

The recent Supreme Court decision in the case of 303 Creative has sent shockwaves through the United States and has set in motion the tragic erosion of our progress in the creation of equal protection and anti-discrimination laws.

In the 303 Creative case, the Supreme Court ruled in favor of a graphic design company that refused to create wedding invitations for a same-sex couple based on religious beliefs. The Court’s majority opinion suggested the company’s refusal was protected by the First Amendment’s guarantee of free speech.

Freedom of speech must be absolute | POINT

Colorado has been a focal state when it comes to discrimination and has a long disturbing history. In1972, the Gay Coalition was founded in Denver in response to police targeting and prosecution of the GLBTQ+ community. Then, in 1992, Colorado Voters gave approval to Amendment 2 which refused all branches of Colorado government for making GLBTQ+ individuals a protected class. The amendment effectively had national recognition and Colorado was referred to as the “hate state” until the U.S. Supreme Court struck it down in 1996.

Unfortunately, it is not surprising this case was initiated from our state and once again is setting a worrisome precedent. This decision has sent signals to businesses that they can now use religious beliefs as a shield to discriminate against customers based on their sexual orientation, gender identity, or any other protected class. This normalization of discrimination not only undermines the progress made in advancing GLBTQ+ rights but also has the potential to extend beyond. It opens the door for businesses to refuse service based on race, religion, or even disability under the guise of religious freedom.

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By allowing businesses to openly discriminate against customers, the 303 Creative decisions also sends a chilling message to GLBTQ+ individuals. This decision has now sent signals that their rights and identities are less important than a business owner’s personal and/or religious beliefs. This ruling not only fosters a culture of stigmatization but also exacerbates existing marginalization. It gives credence to the harmful narrative that certain segments of society are less deserving of equal treatment and respect.

Though supporters of the 303 Creative Supreme Court decision claim it protects religious freedom, it is crucial to acknowledge the potential consequences it poses for marginalized communities. The normalization of discrimination, increased stigmatization, erosion of anti-discrimination laws and negative implications for social progress are clear indications that this ruling will lead to further discrimination in the United States. We, as a community, should not be okay with this. It may not be you today but what about tomorrow?

Lisa LaBriola is a principal at Husch Blackwell Strategies and was a Senate Democrat staffer for close to a decade. She served as chief of staff to former Senate Minority Leader Lucia Guzman and former Senate President Leroy Garcia. Opinions expressed here are her own and do not reflect the opinions of any other organizations.

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Freedom of speech must be absolute | POINT

Sage Naumann Regarding the 303 Creative LLC v. Elenis case, the U.S. Supreme Court was not asked to decide whether Lorie Smith should or should not design a wedding website for a same-sex couple but instead whether the government should compel her to do so. The court ruled correctly in dictating that such force would […]


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