THE SUPREME COURT IS ATTACKING LGBTQ+ RIGHTS AND ANTI-DISCRIMINATION LAWS

As legislative attacks on trans people escalate and right-wing leaders and media deploy increasingly homophobic rhetoric, anti-LGBTQ+ groups are renewing their efforts to strike down anti-discrimination statutes — this time under the guise of free speech. In 303 Creative v. Elenis, the Supreme Court could make it easier for businesses to discriminate against LGBTQ+ Americans.

More broadly, it could pave the way to eliminating state-level anti-discrimination laws across the country that protect people from race-based, gender-based, or disability-based discrimination. An adverse ruling has the possibility of greenlighting just about any business in the country barring LGBTQ+ people by claiming that letting them in the door amounts to a government-compelled “expression” of support, and could snowball into a new wave of broader attacks on civil rights and civil liberties. Our memo shows just what is at stake for LGBTQ+ people and our civil rights: