Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) used the
First Amendment to uphold the right of the store owner to refuse to custom
design a cake for a same-sex wedding.
Anti-Discrimination Laws
This is a list of First Amendment cases involving discrimination laws and policies.
Laws and policies established to protect individuals from discrimination based on race, sex, ethnicity, age and religion can present the question of how to balance competing rights to free speech and expression while also protecting the rights of certain groups to live and work in an environment free from discrimination.
In Hishon v. King & Spalding, 467 U.S. 69 (1984), the U.S. Supreme Court affirmed a decision by the Eleventh U.S. Circuit Court of Appeals and held that a law firm was subject to Title VII of the Civil Rights Act of 1964 in deciding whether to promote an associate to partner. Title VII prohibits discrimination
In 303 Creative LLC v. Elenis, 600 U.S. ___ (2023), the Supreme Court held, in a 6-3 decision, that a website designer had a First Amendment free speech right to refuse to create wedding websites for same-sex couples. This decision reversed the 10th U.S. Circuit Court of Appeals ruling in 303 Creative LLC v. Elenis,
Samantha Elauf, center, her mother Majda Elauf, left, and P. David Lopez, General Counsel of the US Equal Employment Opportunity Commission (EEOC), leave the Supreme Court in 2015. Samantha Elauf and the EEOC were suing Abercrombie & Fitch, who had decided not to hire Elauf due to their dress policy. The Court ruled in favor