June 30, 2023

ACS Statement in Response to SCOTUS Decision in 303 Creative LLC v. Elenis

Nancy Rodriguez, media@acslaw.org

Washington, DC – In response to the Supreme Court’s 6-3 decision in 303 Creative LLC v. Elenis, the American Constitution Society issued the following statements:

“The Roberts Court just gave businesses permission to blatantly discriminate against LGBTQ+ individuals,” said ACS President Russ Feingold. “Not only does this undercut the long and hard-fought progress our country has made in protecting LGBTQ+ rights – including progress secured by this Court – it adds fuel to those striving to marginalize and erase from public life members of the LGBTQ+ community. Like with Dobbs, do not be naïve and believe the Court will stop here. This is a neon invitation for litigants to argue for further erosion of LGBTQ+ rights and non-discrimination rights more broadly.”

“This was a manufactured lawsuit to appeal to this packed Court’s partisan politics,” said ACS Vice President of Policy and Program Christopher Wright Durocher. “Maddeningly and yet unsurprisingly, the Roberts Court took the bait, agreeing to falsely pit LGBTQ+ rights against the First Amendment. For the umpteenth time, the Roberts Court makes clear it is open for business to partisan litigants eager to erase civil rights advancements in this country.”


The American Constitution Society is a 501(c)3 non-profit, non-partisan legal organization. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, advocates, and many others, our mission is to support and advocate for laws and legal systems that strengthen our democratic legitimacy, uphold the rule of law, and redress the founding failures of our Constitution and enduring inequities in our laws in pursuit of realized equality. For more information, visit us at www.acslaw.org or on Twitter @acslaw.