A June U.S. Supreme Court ruling against a Colorado anti-discrimination law will have only a limited impact on protections for Connecticut’s LGBTQ community, state legal officials concluded in a memo released this week.
The memo, written by Solicitor General Joshua Perry, described narrow implications of the 303 Creative v. Elenis decision in which the court ruled 6-3 that a Colorado website designer had a free speech right to refuse business from same-sex couples wishing to create custom wedding websites.
“In the vast majority of instances, Connecticut businesses must continue to follow state and federal laws that forbid illegal discrimination against LGBTQ+ people,” Perry wrote. “A review of 303 Creative’s logic and facts shows why the decision has such limited reach.”
Colorado and Connecticut laws similarly prohibit discrimination by establishments that serve the general public. According to Perry, the court decision created a narrow exception for a commercial service in which a business accepts vetted commissions to create tailored works – in this case, wedding websites.
In the memo, Perry said he expected such exceptions to be rare and concluded the decision would not allow discrimination in the vast majority of cases. For instance, the ruling would not allow a wedding venue to refuse to host a same-sex marriage nor would it allow a stationary store to decline to sell couples off-the-shelf invitations.
The decision similarly will not impact laws pertaining to hate crimes, marriage equality, or housing, borrowing, and employment protections for LGBTQ residents, the memo concluded.
“Of course, the decision’s narrow scope does not alleviate the very real pain of people who are subjected to discrimination,” Perry wrote. “Nor can it tamp down the frustration of those who correctly believe courts should never sanction bigotry. But it does mean that the decision’s practical effect in Connecticut should be relatively limited.”
Public officials including Treasurer Erick Russell applauded the Office of the Attorney General for issuing the memo in a press release on Tuesday.
“Connecticut will remain a hallmark for equality and inclusivity because of the shared values of our people and the strength of our laws,” Russell said. “I’m heartened to read this guidance confirming the standing of our anti-discrimination statutes and I’m grateful to serve in a state government unanimously committed to protecting the rights of its residents.”
