Supreme Court of the United States · Official docket →
303 Creative LLC, et al. v. Aubrey Elenis, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-1413 · judgment July 26, 2021
Decided · June 30, 2023
Pre-decision estimate: 38% cert probability (95% interval 27%–51%)
Before the decision, about 9.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a circuit split argued in the petition.
Questions presented
Granted limited to the following question: whether applying a public-accommodation law to compel an artist to speak or stay silent violates the free speech clause of the first amendment. Artist Lorie Smith is a website designer who creates original, online content consistent with her faith. She plans to (1) design wedding websites promoting her understanding of marriage, and (2) post a statement explaining that she can only speak messages consistent with her faith. But the Colorado Anti-Discrimination Act (CADA) requires her to create custom websites celebrating same-sex marriage and prohibits her statement--even though Colorado stipulates that she "work[s] with all people regardless of ... sexual orientation." App.53a, 184a. The Tenth Circuit applied strict scrutiny and astonishingly concluded that the government may, based on content and viewpoint, force Lorie to convey messages that violate her religious beliefs and restrict her from explaining her faith. The court also upheld CADA under Employment Division v. Smith, 494 U.S. 872 (1990), even though CADA creates a "gerrymander" where secular artists can decline to speak but religious artists cannot, meaning the government can compel its approved messages. The questions presented are:
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Whether applying a public-accommodation law to compel an artist to speak or stay silent, contrary to the artist's sincerely held religious beliefs, violates the Free Speech or Free Exercise Clauses of the First Amendment.
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Whether a public-accommodation law that authorizes secular but not religious exemptions is generally applicable under Smith, and if so, whether this Court should overrule Smith. GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER APPLYING A PUBLIC-ACCOMMODATION LAW TO COMPEL AN ARTIST TO SPEAK OR STAY SILENT VIOLATES THE FREE SPEECH CLAUSE OF THE FIRST AMENDMENT.
Counsel of record
For petitioner
Kristen Kellie Waggoner
Alliance Defending Freedom
For respondent
Eric Reuel Olson
Solicitor General
Case
Conference history
Distributed for 4 conferences
Amicus briefs
14 cert-stage · 76 merits
(48 supporting pet./neither, 28 respondent)
Argument & decision
Argued December 5, 2022 — Kristen K. Waggoner · Eric R. Olson. Audio and transcript
Decided June 30, 2023. Opinion by Gorsuch.
Proceedings
- Aug 01 2023Judgment issued.
- Jun 30 2023Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined.
- Dec 05 2022Argued. For petitioners: Kristen K. Waggoner, Washington, D. C. For respondents: Eric R. Olson, Solicitor General, Denver, Colo.; and Brian H. Fletcher, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- Oct 28 2022Record requested from the U.S.C.A. 10th Circuit.
- Oct 28 2022Record received from the U.S.C.A. 10th Circuit. The record is available on PACER.
- Oct 25 2022CIRCULATED.
- Oct 18 2022SET FOR ARGUMENT on Monday, December 5, 2022.
- Oct 03 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Sep 12 2022Reply of petitioners 303 Creative LLC, et al. filed.
- Aug 19 2022Brief amici curiae of Local Governments and Mayors filed.
- Aug 19 2022Amicus brief of 30 Religious, Civil Rights, and Grassroots Organizations not accepted for filing. (Corrected brief and PDF submitted.)
- Aug 19 2022Brief amici curiae of 30 Religious, Civil Rights, and Grassroots Organizations filed. (Aug. 26, 2022)
- Aug 19 2022Amicus brief of Ilan H. Meyer, PhD and Other Social Scientists and Legal Scholars not accepted for filing. (Corrected brief and PDF submitted.)
- Aug 19 2022Brief amici curiae of Ilan H. Meyer, PhD and Other Social Scientists and Legal Scholars filed. (Aug. 26, 2022)
- Aug 19 2022Amicus brief of Former U.S. Representative Anthony (“Tony”) Coelho, et al. not accepted for filing. (Corrected brief and PDF submitted.)
- Aug 19 2022Brief amici curiae of Former U.S. Representative Anthony (“Tony”) Coelho, et al. filed. (Aug. 30, 2022)
- Aug 19 2022Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et al. filed.
- Aug 19 2022Brief amici curiae of American Psychological Association, et al. filed.
- Aug 19 2022Brief amicus curiae of United States filed.
- Aug 19 2022Brief amici curiae of Public Accommodations Law Scholars filed.
- Aug 19 2022Brief amici curiae of Modern Military Association of America, et al. filed.
- Aug 19 2022Brief amici curiae of First Amendment Scholars (Six) filed.
- Aug 19 2022Brief amici curiae of First Amendment Scholars (Eight) filed.
- Aug 19 2022Brief amicus curiae of Tobias Barrington Wolff filed.
- Aug 19 2022Brief amici curiae of Scholars of Behavioral Science and Economics filed.
- Aug 19 2022Brief amicus curiae of American Bar Association filed.
- Aug 19 2022Brief amici curiae of American Civil Liberties Union, et al. filed.
- Aug 19 2022Brief amici curiae of GLBTQ Legal Advocates & Defenders, et al. filed.
- Aug 19 2022Brief amici curiae of National League of Cities, et al. filed.
- Aug 19 2022Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
- Aug 19 2022Brief amici curiae of 27+ Lay Roman Catholics filed.
- Aug 19 2022Brief amici curiae of 137 Members of Congress filed.
- Aug 19 2022Brief amici curiae of Adventist Forum, et al. filed.
- Aug 19 2022Brief amicus curiae of Tanenbaum Center for Interreligious filed.
- Aug 19 2022Brief amici curiae of Massachusetts, et al. filed.
- Aug 19 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Aug 18 2022Brief amici curiae of National Women's Law Center, et al. filed.
- Aug 18 2022Brief amicus curiae of New York State Bar Association filed.
- Aug 18 2022Brief amicus curiae of Public Citizen filed.
- Aug 18 2022Brief amici curiae of The Freedom From Religion Foundation, et al. filed.
- Aug 18 2022Brief amici curiae of The Western Jurisdiction of the United Methodist Church, et al. filed.
- Aug 12 2022Brief of respondents Aubrey Elenis, et al. filed.
- Aug 11 2022Letter pursuant to Rule 35.3 filed.
- Jun 02 2022Amicus brief of First Amendment Scholars not accepted for filing. (June 03, 2022-- incorrect electronic submission, to be resubmitted.)
- Jun 02 2022Brief amici curiae of The First Amendment Scholars filed.
- Jun 02 2022Brief amicus curiae of Center for Religious Expression filed.
- Jun 02 2022Brief amici curiae of Life Legal Defense Foundation and Bioethics Defense Fund filed.
- Jun 02 2022Brief amicus curiae of Young America's Foundation filed.
- Jun 02 2022Brief amici curiae of Walk for Life West Coast, et al. filed.
- Jun 02 2022Brief amici curiae of Scholars of Family and Sexuality filed.
- Jun 02 2022Brief amici curiae of 15 Family Policy Organizations filed.
- Jun 02 2022Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
- Jun 02 2022Brief amici curiae of United States Senators and Representatives filed.
- Jun 02 2022Brief amicus curiae of Professor Christopher R. Green filed.
- Jun 02 2022Brief amici curiae of Council for Christian Colleges and Universities, et al. filed.
- Jun 02 2022Brief amici curiae of Multimedia Production Professionals filed.
- Jun 02 2022Brief amici curiae of Law and Economics Scholars filed.
- Jun 02 2022Brief amici curiae of Mountain States Legal Foundation filed.
- Jun 02 2022Brief amicus curiae of Robert P. George filed.
- Jun 02 2022Brief amicus curiae of CatholicVote.org Education Fund filed.
- Jun 02 2022Brief amicus curiae of Aaron and Melissa Klein filed.
- Jun 02 2022Brief amicus curiae of Professor Kent Greenfield in support of neither party filed.
- Jun 02 2022Brief amici curiae of Arizona, Nebraska, et al. filed.
- Jun 02 2022Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
- Jun 02 2022Brief amicus curiae of The Catholic League for Religious and Civil Rights filed.
- Jun 02 2022Brief amicus curiae of Family Research Council filed.
- Jun 02 2022Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc. filed.
- Jun 02 2022Brief amicus curiae of The Becket Fund for Religious Liberty filed.
- Jun 02 2022Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
- Jun 02 2022Brief amicus curiae of Thomas More Law Center filed.
- Jun 02 2022Brief amicus curiae of Association of Certified Biblical Counselors Inc. filed.
- Jun 02 2022Brief amici curiae of Public Advocate of the United States, et al. filed.
- Jun 02 2022Brief amici curiae of Creative Professionals and George and Maxine Maynard in support of neither party filed.
- Jun 02 2022Brief amici curiae of Ethics and Public Policy Center, et al. filed.
- Jun 01 2022Brief amicus curiae of Americans for Prosperity Foundation filed.
- Jun 01 2022Brief amici curiae of Christian Legal Society and Free Speech Advocates filed.
- Jun 01 2022Brief amicus curiae of Legal Scholar Adam J. Macleod filed.
- Jun 01 2022Brief amici curiae of C12 Group, et al. filed.
- Jun 01 2022Brief amicus curiae of Liberty Counsel filed.
- Jun 01 2022Brief amici curiae of Mark Janus, et al. filed.
- Jun 01 2022Brief amicus curiae of Lonang Institute filed.
- Jun 01 2022Brief amici curiae of Tyndale House Publishers, et al. filed.
- May 31 2022Brief amicus curiae of Website and Graphic Designers in support of neither party filed.
- May 31 2022Brief amicus curiae of Alabama Center for Law and Liberty filed.
- May 31 2022Brief amici curiae of National Association of Evangelicals, et al. filed.
- May 31 2022Brief amicus curiae of Institute for Faith and Family filed.
- May 31 2022Brief amicus curiae of Concerned Women for America filed.
- May 31 2022Brief amici curiae of Prof. Dale Carpenter, et al. filed.
- May 27 2022Brief amici curiae of Colorado State Legislators filed.
- May 27 2022Brief amicus curiae of The Freedom and Justice Foundation, Inc. filed.
- May 26 2022Brief amicus curiae of Claremont Institue's Center for Constitutional Jurisprudence filed.
- May 26 2022Brief of petitioners 303 Creative LLC, et al. filed.
- May 26 2022Joint appendix filed.
- May 21 2022Brief amicus curiae of David Boyle in support of neither party filed.
- Apr 11 2022Blanket Consent filed by Respondent, Aubrey Elenis, et al.
- Mar 22 2022Motion of the parties to extend the time to file the briefs on the merits granted in part. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 26, 2022. The time to file respondents' brief on the merits is extended to and including August 12, 2022.
- Mar 10 2022Blanket Consent filed by Petitioner, 303 Creative LLC, et al.
- Mar 04 2022Motion of the parties for an extension of time to file the briefs on the merits filed.
- Feb 22 2022Petition GRANTED limited to the following question: Whether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.
- Feb 11 2022DISTRIBUTED for Conference of 2/18/2022.
- Feb 08 2022Supplemental brief of petitioners 303 Creative LLC, et al. filed.
- Feb 04 2022Supplemental brief of respondents Aubrey Elenis, et al. filed.
- Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
- Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
- Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 22 2021Reply of petitioners 303 Creative LLC, et al. filed. (Distributed)
- Dec 08 2021Brief of respondents Aubrey Elenis, et al. in opposition filed.
- Oct 29 2021Brief amici curiae of National Religious Broadcasters, et al. filed.
- Oct 28 2021Brief amici curiae of Tyndale House Publishers et al. filed.
- Oct 28 2021Brief amicus curiae of Center for Constitutional Jurisprudence filed.
- Oct 28 2021Brief amici curiae of United States Senators and Representatives filed.
- Oct 28 2021Brief amicus curiae of Mountain States Legal Foundation filed.
- Oct 28 2021Brief amicus curiae of Public Trust Institute filed.
- Oct 28 2021Brief amici curiae of Arizona, et al. filed.
- Oct 28 2021Brief amici curiae of First Amendment Scholars et al. filed.
- Oct 28 2021Brief amicus curiae of Institute for Free Speech filed.
- Oct 28 2021Brief amici curiae of Law and Economics Scholars filed.
- Oct 28 2021Brief amici curiae of Public Advocate of the United States, et al. filed.
- Oct 27 2021Brief amici curiae of the Cato Institute, et al. filed.
- Oct 26 2021Brief amici curiae of Institute for Faith and Family and Jewish Coalition for Religious Liberty filed.
- Oct 22 2021Brief amicus curiae of Americans for Prosperity Foundation filed.
- Oct 08 2021Motion to extend the time to file a response is granted in part and the time is extended to and including December 8, 2021.
- Oct 07 2021Motion to extend the time to file a response from October 28, 2021 to December 10, 2021, submitted to The Clerk.
- Sep 24 2021Petition for a writ of certiorari filed. (Response due October 28, 2021)