First Amendment absolutists jubilantly cheered when the U.S. Supreme Court announced its decision in 303 Creative: the Free Exercise Clause was strong enough to give way to decades-old public accommodations laws. But have these absolutists considered the consequences? Grigorovicius says they haven’t, and he uses Justice Sotomayor’s impassioned dissent to show that 303 Creative is not just a warning shot to the LGBTQ+ community, but to all protected traits.
Mantas Grigorovicius, 303 Creative v. Elenis: Unresolved Conflict, Gay Rights, and a Future of Uncertainties, 27 J. Gender, Race & Just. 423 (2024).