Attorney General Bonta Voices Support for LGBTQ+ Community Following Unfavorable U.S. Supreme Court Decision

OAKLAND – In response to the U.S. Supreme Court's decision today in 303 Creative LLC v. Elenis, California Attorney General Rob Bonta reiterated his unyielding commitment to LGBTQ+ rights. Attorney General Bonta criticized the ruling, which denies equal access to public businesses for LGBTQ+ individuals. In August 2022, Bonta joined a coalition of 21 attorneys general in submitting an amicus brief, urging the Supreme Court to reject a challenge to the State of Colorado’s public accommodations law.

“California’s unwavering support for the LGBTQ+ community remains steadfast even in the face of today's disheartening decision," said Attorney General Bonta. "We unequivocally reject any form of discrimination. While this ruling is a setback, we will continue and redouble our pursuit of equality for all.”

In 303 Creative, Lorie Smith, owner of a graphic design firm, sought to exclude same-sex couples from her provision of wedding website design services based on her religious beliefs. That exclusion would have violated the Colorado Anti-Discrimination Act (CADA), which prohibits businesses serving the public from discriminating on multiple grounds, including sexual orientation. Smith filed a lawsuit in federal court contesting the constitutionality of CADA on First Amendment grounds. The district court and the U.S. Court of Appeals for the Tenth Circuit rejected that theory, but today the Supreme Court disagreed, holding that the First Amendment prohibits Colorado from requiring Smith to offer wedding website design services to same-sex couples.

Historically, the law has required businesses that serve the public to treat all customers equally. After the Civil War, many states, including Colorado, enacted this common law principle into statute. Today, most states have laws prohibiting businesses from discriminating against customers based on characteristics like race, religion, sex, and sexual orientation. These laws ensure that everyone, irrespective of their background or identity, can access goods and services without fear of exclusion. This is particularly important for the LGBTQ+ community, which is often the target of discrimination. Today’s unfortunate ruling undermines the effectiveness of these laws, but Attorney General Bonta remains committed to ensuring that LGBTQ+ individuals can access goods and services on the same terms as the rest of the public.

The U.S. Supreme Court decision can be accessed here.