Anti-Discrimination Laws Case Archives
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.
The 10th U.S. Circuit Court of Appeals upheld a Colorado
anti-discrimination law after a First Amendment challenge by a wedding
website designer who said it would force her to produce websites for
same-sex couples, which she didn’t want to do.
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,
Avis Rent-a-Car System v. Aguilar (2000) dealt with derogatory remarks in
the workplace. A justice said the speech in question was protected by the
First Amendment.
Bob Jones University v. United States (1983) held that the IRS may deny
tax-exempt status to institutions that violate racial policy, even if the
violations are based on religion.
Boy Scouts of America v. Dale (2000) ruled that the Boy Scouts had the
First Amendment expressive association right to revoke the membership of a
gay assistant scoutmaster.
Corporation of the Presiding Bishop of the LDS Church v. Amos (1987) said
that religious bodies can discriminate based on religion without violating
the First Amendment.
Elane Photography v. Willock (New Mexico 2013) said a law prohibiting
wedding photographers from discriminating on basis of sexual orientation
did not violate the First Amendment.
In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., 575 U.S. ____ (2015), the U.S. Supreme Court ruled that an employer could be liable under civil rights law for refusing to hire an applicant to avoid accommodating a religious practice even though the potential employee had not informed the employer that she wore
The Supreme Court in Fulton v. City of Philadelphia (2021) upheld the
religious rights of Catholic Social Services, saying the agency’s refusal
to certify same-sex couples as foster families could not be the city’s
reason for ending the agency’s contract.
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
Hughes v. Superior Court of California Court (1950) said an injunction
against picketing to pressure employers to hire on a racial basis didn’t
violate the First Amendment.
Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995)
said the First Amendment expression rights of a group holding a parade
trumped anti-discrimination law.
Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) used the principle of religious neutrality to overturn a decision penalizing a shop owner under discrimination laws for refusing to design a cake for a same-sex wedding.
The 11th Circuit Court of Appeals in 2022 upheld an injunction against a
Florida law, the “Stop Social Media Censorship Act,” saying it likely
violated the First Amendment rights of social media companies.
The 5th U.S. Circuit Court of Appeals in NetChoice v. Paxton upheld a Texas
law barring social media companies from censoring users based on their
viewpoints.
New York State Club Association, Inc. v. City of New York (1988) held that
a city ordinance prohibiting discrimination in places of public
accommodation was constitutional.
Roberts v. United States Jaycees (1984) was the first Supreme Court
decision to balance the First Amendment right of association with
anti-discrimination laws.
