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The Latest Breaking News from 303 Creative

Expressive Discrimination: Universities' First Amendment Right to Affirmative Action — Part 3

Continuing my serial blogging on whether private universities can use a Boy Scouts expressive association theory to have race-based affirmative action.

Reason

Expressive Discrimination: Universities' First Amendment Right to Affirmative Action — Part 1

Maybe some universities can continue to do race-based affirmative action, even after SFFA v. Harvard.

Reason

Further Thoughts on Standing and the 303 Creative v Elenis case

The Court's decision in this case is likely to make a mess of standing doctrine for a long time

Reason

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District Court Judgment in 303 Creative v. Elenis (the Wedding Web Site Design Case)

Following the Supreme Court's remand to the Tenth Circuit, which in turn led to the remand to district court, Chief Judge Philip Brimmer (D. Colo.) rendered the following order Tuesday: It is ORDERED that plaintiffs are the prevailing parties in this action under 42 U.S.C. § 1988(b). Plaintiffs and their…

Reason

The First Amendment Right to Affirmative Action

How private universities can use Boy Scouts v. Dale to get out from under Students for Fair Admissions

Reason

Do Religious Schools Have a Right to Exemption from State's Pronoun Policies?

From Friday's opinion by Judge Daniel D. Domenico (D. Colo.) in Darren Patterson Christian Academy v. Roy (for more on a different facet of the case and on the possible relevance, or not, of government funding, see this post): "[T]he First Amendment protects an individual's right to speak his mind…

Reason

My Emory Law op-ed on 303 Creative LLC v. Elenis

More on an important free-speech case from the recent Supreme Court Term

Reason

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Experts: SCOTUS biased toward Christians

Right-wing plot to limit the freedoms of groups of Americans of whom they disapprove comes to fruition

Salon

Supreme Court is increasingly putting Christians' First Amendment rights ahead of others' dignity and rights to equal protection

When the Supreme Court ruled in 303 Creative v. Elenis in 2023 that a businessperson could not be compelled to create art that violates their religious beliefs – specifically, a wedding website for a same-sex ceremony – supporters of the decision celebrated it as a victory for freedom of religion…

The Conversation

Are We Living Through a Standing Realignment?

Recent Supreme Court cases suggest that both the left and the right are already repositioning themselves.

Reason

What Explains the Discourse on 303 Creative?

Procedure, soundbites, popular views, and more combined to create legally unfounded memes.

Reason

Did Factual Revelations Undermine 303 Creative?

Recent reporting doesn't materially undermine, and could even strengthen, the case for standing.

Reason

Was There Standing in 303 Creative?

The Court had ample reason to find a "credible threat" of enforcement, consistent with existing case law.

Reason

From Prof. Richard Re: The Remarkable Discourse on 303 Creative

Is the legal left beginning to adopt a hawkish attitude toward standing?

Reason

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Prof. Richard Re (Virginia) on "Does the Discourse on 303 Creative Portend a Standing Realignment?"

https://www.youtube.com/watch?v=MJ_aPtt4U8M I saw this new article by Prof. Richard Re, a leading scholar of federal courts law and my former UCLA colleague, and asked him if he would guest-blog about it; I'm delighted to say that he kindly agreed. Here's the abstract: Perhaps the most surprising feature of the last…

Reason

20 Years After You Can't Say That! Was Published, Feeling Vindicated by 303 Creative

Twenty years ago, the Cato Institute published my book, You Can't Say That!: The Growing Threat to Civil Liberties from Antidiscrimination Laws. The basic theme of the book was that as the scope of antidiscrimination laws has expanded, these laws increasingly infringe on bedrock constitutional liberties, especially freedom of expression.…

Reason

N.J. Attorney General's Office Releases Guidance on 303 Creative

From the N.J. Attorney General's office, Division on Civil Rights, "Guidance on the New Jersey Law Against Discrimination Following the U.S. Supreme Court's Decision in 303 Creative LLC v. Elenis," released July 26: This enforcement guidance explains how the New Jersey Office of the Attorney General and the Division on…

The Guardian - US

Woman in anti-LGBTQ+ supreme court case did make wedding site after all, report says

Lorie Smith had argued her right to free speech regarding her opposition to same-sex marriage was ‘chilled’ by Colorado’s law

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Reason

More on Standing in the 303 Creative Case

A response to my critique of the Court's new standing jurisprudence.

The Independent UK

Texas judge uses anti-LGBT+ Supreme Court ruling to argue she can refuse to perform same-sex weddings

Justice of the peace Dianne Hensley has been arguing with Texas to not perform same-sex weddings since 2019

Los Angeles Times

Robin Abcarian: How the ripple effect of the Supreme Court's 303 Creative decision could swamp civil rights

Now that the legal door has been opened to anti-LGBTQ+ bigots or racists, there's just no telling how far the Supreme Court's license to discriminate will go.

Salon

Anti-gay Texas judge banks on SCOTUS

Dianne Hensley filed a lawsuit after a state agency warned her about refusing to marry gay couples

The Texas Tribune

Texas judge who doesn’t want to perform gay marriage ceremonies hopes web designer’s Supreme Court case helps her fight

McLennan County Justice of the Peace Dianne Hensley filed a lawsuit after a state agency warned her about refusing to marry gay couples. She hopes a recent U.S. Supreme Court case about religious freedom helps her cause.

The Independent UK

Michigan officials condemn ‘reprehensible’ remarks from salon owner who refuses service to LGBT+ people

Traverse City business says trans and nonbinary people should ‘seek services at a local pet groomer’ days after Supreme Court ruling on discrimination protections

Reason

Case or Controversy Requirement? What Case or Controversy Requirement?

The Supreme Court's misguided decision to grant Lorie Smith standing to pursue her entirely hypothetical claim against the State of Colorado in the web designer case.

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