303 Creative LLC v. Elenis

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-476	10th Cir.	Dec 5, 2022	Jun 30, 2023	6-3	Gorsuch	OT 2022

Holding: The First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.

Judgment: Reversed, 6-3, in an opinion by Justice Gorsuch on June 30, 2023. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.

SCOTUSblog Coverage

Supreme Court rules website designer can decline to create same-sex wedding websites (Amy Howe, June 30, 2023)
Conservative justices seem poised to side with web designer who opposes same-sex marriage (Amy Howe, December 6, 2022)
Scenes with Santa and online-dating inquiries at the 303 Creative argument (Mark Walsh, December 6, 2022)
Colorado web designers First Amendment challenge will test the scope of state anti-discrimination laws (Amy Howe, December 2, 2022)
Can a web designer refuse to design websites for same-sex weddings? (SCOTUStalk, November 21, 2022)
The court is poised to set jurisprudence on race for generations and not just in affirmative action (James Romoser, October 30, 2022)
December argument session will feature divisive cases on election law, First Amendment (Amy Howe, October 18, 2022)
Justices will hear free-speech claim from website designer who opposes same-sex marriage (Amy Howe, February 22, 2022)
Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more (John Elwood, January 20, 2022)
Court will take up five new cases, including lawsuit from football coach who wanted to pray on the field (Amy Howe, January 15, 2022)
Blockbuster watch: Affirmative action, same-sex weddings, and other big relists (John Elwood, January 12, 2022)
Justices add new cases on bankruptcy, workers comp, and relief from final judgments (Amy Howe, January 10, 2022)
No new relists, but one likely grant in an international child custody case (John Elwood, December 2, 2021)
International arbitration, McGirt retroactivity, and anti-discrimination laws (Andrew Hamm, October 8, 2021)

Date	Proceedings and Orders (key to color coding)
09/24/2021	Petition for a writ of certiorari filed. (Response due October 28, 2021)
10/07/2021	Motion to extend the time to file a response from October 28, 2021 to December 10, 2021, submitted to The Clerk.
10/08/2021	Motion to extend the time to file a response is granted in part and the time is extended to and including December 8, 2021.
10/22/2021	Brief amicus curiae of Americans for Prosperity Foundation filed.
10/26/2021	Brief amici curiae of Institute for Faith and Family and Jewish Coalition for Religious Liberty filed.
10/27/2021	Brief amici curiae of the Cato Institute, et al. filed.
10/28/2021	Brief amici curiae of Tyndale House Publishers et al. filed.
10/28/2021	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
10/28/2021	Brief amici curiae of United States Senators and Representatives filed.
10/28/2021	Brief amicus curiae of Mountain States Legal Foundation filed.
10/28/2021	Brief amicus curiae of Public Trust Institute filed.
10/28/2021	Brief amici curiae of Arizona, et al. filed.
10/28/2021	Brief amici curiae of First Amendment Scholars et al. filed.
10/28/2021	Brief amicus curiae of Institute for Free Speech filed.
10/28/2021	Brief amici curiae of Law and Economics Scholars filed.
10/28/2021	Brief amici curiae of Public Advocate of the United States, et al. filed.
10/29/2021	Brief amici curiae of National Religious Broadcasters, et al. filed.
12/08/2021	Brief of respondents Aubrey Elenis, et al. in opposition filed.
12/22/2021	DISTRIBUTED for Conference of 1/7/2022.
12/22/2021	Reply of petitioners 303 Creative LLC, et al. filed. (Distributed)
01/10/2022	DISTRIBUTED for Conference of 1/14/2022.
01/18/2022	DISTRIBUTED for Conference of 1/21/2022.
02/04/2022	Supplemental brief of respondents Aubrey Elenis, et al. filed.
02/08/2022	Supplemental brief of petitioners 303 Creative LLC, et al. filed.
02/11/2022	DISTRIBUTED for Conference of 2/18/2022.
02/22/2022	Petition GRANTED limited to the following question: Whether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.
03/04/2022	Motion of the parties for an extension of time to file the briefs on the merits filed.
03/10/2022	Blanket Consent filed by Petitioner, 303 Creative LLC, et al.
03/22/2022	Motion of the parties to extend the time to file the briefs on the merits granted in part. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 26, 2022. The time to file respondents' brief on the merits is extended to and including August 12, 2022.
04/11/2022	Blanket Consent filed by Respondent, Aubrey Elenis, et al.
05/21/2022	Brief amicus curiae of David Boyle in support of neither party filed.
05/26/2022	Brief amicus curiae of Claremont Institue's Center for Constitutional Jurisprudence filed.
05/26/2022	Brief of petitioners 303 Creative LLC, et al. filed.
05/26/2022	Joint appendix filed.
05/27/2022	Brief amici curiae of Colorado State Legislators filed.
05/27/2022	Brief amicus curiae of The Freedom and Justice Foundation, Inc. filed.
05/31/2022	Brief amicus curiae of Website and Graphic Designers in support of neither party filed.
05/31/2022	Brief amicus curiae of Alabama Center for Law and Liberty filed.
05/31/2022	Brief amici curiae of National Association of Evangelicals, et al. filed.
05/31/2022	Brief amicus curiae of Institute for Faith and Family filed.
05/31/2022	Brief amicus curiae of Concerned Women for America filed.
05/31/2022	Brief amici curiae of Prof. Dale Carpenter, et al. filed.
06/01/2022	Brief amicus curiae of Americans for Prosperity Foundation filed.
06/01/2022	Brief amici curiae of Christian Legal Society and Free Speech Advocates filed.
06/01/2022	Brief amicus curiae of Legal Scholar Adam J. Macleod filed.
06/01/2022	Brief amici curiae of C12 Group, et al. filed.
06/01/2022	Brief amicus curiae of Liberty Counsel filed.
06/01/2022	Brief amici curiae of Mark Janus, et al. filed.
06/01/2022	Brief amicus curiae of Lonang Institute filed.
06/01/2022	Brief amici curiae of Tyndale House Publishers, et al. filed.
06/02/2022	Amicus brief of First Amendment Scholars not accepted for filing. (June 03, 2022-- incorrect electronic submission, to be resubmitted.)
06/02/2022	Brief amici curiae of The First Amendment Scholars filed.
06/02/2022	Brief amicus curiae of Center for Religious Expression filed.
06/02/2022	Brief amici curiae of Life Legal Defense Foundation and Bioethics Defense Fund filed.
06/02/2022	Brief amicus curiae of Young America's Foundation filed.
06/02/2022	Brief amici curiae of Walk for Life West Coast, et al. filed.
06/02/2022	Brief amici curiae of Scholars of Family and Sexuality filed.
06/02/2022	Brief amici curiae of 15 Family Policy Organizations filed.
06/02/2022	Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
06/02/2022	Brief amici curiae of United States Senators and Representatives filed.
06/02/2022	Brief amicus curiae of Professor Christopher R. Green filed.
06/02/2022	Brief amici curiae of Council for Christian Colleges and Universities, et al. filed.
06/02/2022	Brief amici curiae of Multimedia Production Professionals filed.
06/02/2022	Brief amici curiae of Law and Economics Scholars filed.
06/02/2022	Brief amici curiae of Mountain States Legal Foundation filed.
06/02/2022	Brief amicus curiae of Robert P. George filed.
06/02/2022	Brief amicus curiae of CatholicVote.org Education Fund filed.
06/02/2022	Brief amicus curiae of Aaron and Melissa Klein filed.
06/02/2022	Brief amicus curiae of Professor Kent Greenfield in support of neither party filed.
06/02/2022	Brief amici curiae of Arizona, Nebraska, et al. filed.
06/02/2022	Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
06/02/2022	Brief amicus curiae of The Catholic League for Religious and Civil Rights filed.
06/02/2022	Brief amicus curiae of Family Research Council filed.
06/02/2022	Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc. filed.
06/02/2022	Brief amicus curiae of The Becket Fund for Religious Liberty filed.
06/02/2022	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
06/02/2022	Brief amicus curiae of Thomas More Law Center filed.
06/02/2022	Brief amicus curiae of Association of Certified Biblical Counselors Inc. filed.
06/02/2022	Brief amici curiae of Public Advocate of the United States, et al. filed.
06/02/2022	Brief amici curiae of Creative Professionals and George and Maxine Maynard in support of neither party filed.
06/02/2022	Brief amici curiae of Ethics and Public Policy Center, et al. filed.
08/11/2022	Letter pursuant to Rule 35.3 filed.
08/12/2022	Brief of respondents Aubrey Elenis, et al. filed.
08/18/2022	Brief amici curiae of National Women's Law Center, et al. filed.
08/18/2022	Brief amicus curiae of New York State Bar Association filed.
08/18/2022	Brief amicus curiae of Public Citizen filed.
08/18/2022	Brief amici curiae of The Freedom From Religion Foundation, et al. filed.
08/18/2022	Brief amici curiae of The Western Jurisdiction of the United Methodist Church, et al. filed.
08/19/2022	Brief amici curiae of Local Governments and Mayors filed.
08/19/2022	Amicus brief of 30 Religious, Civil Rights, and Grassroots Organizations not accepted for filing. (Corrected brief and PDF submitted.)
08/19/2022	Brief amici curiae of 30 Religious, Civil Rights, and Grassroots Organizations filed. (Aug. 26, 2022)
08/19/2022	Amicus brief of Ilan H. Meyer, PhD and Other Social Scientists and Legal Scholars not accepted for filing. (Corrected brief and PDF submitted.)
08/19/2022	Brief amici curiae of Ilan H. Meyer, PhD and Other Social Scientists and Legal Scholars filed. (Aug. 26, 2022)
08/19/2022	Amicus brief of Former U.S. Representative Anthony (“Tony”) Coelho, et al. not accepted for filing. (Corrected brief and PDF submitted.)
08/19/2022	Brief amici curiae of Former U.S. Representative Anthony (“Tony”) Coelho, et al. filed. (Aug. 30, 2022)
08/19/2022	Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et al. filed.
08/19/2022	Brief amici curiae of American Psychological Association, et al. filed.
08/19/2022	Brief amicus curiae of United States filed.
08/19/2022	Brief amici curiae of Public Accommodations Law Scholars filed.
08/19/2022	Brief amici curiae of Modern Military Association of America, et al. filed.
08/19/2022	Brief amici curiae of First Amendment Scholars (Six) filed.
08/19/2022	Brief amici curiae of First Amendment Scholars (Eight) filed.
08/19/2022	Brief amicus curiae of Tobias Barrington Wolff filed.
08/19/2022	Brief amici curiae of Scholars of Behavioral Science and Economics filed.
08/19/2022	Brief amicus curiae of American Bar Association filed.
08/19/2022	Brief amici curiae of American Civil Liberties Union, et al. filed.
08/19/2022	Brief amici curiae of GLBTQ Legal Advocates & Defenders, et al. filed.
08/19/2022	Brief amici curiae of National League of Cities, et al. filed.
08/19/2022	Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
08/19/2022	Brief amici curiae of 27+ Lay Roman Catholics filed.
08/19/2022	Brief amici curiae of 137 Members of Congress filed.
08/19/2022	Brief amici curiae of Adventist Forum, et al. filed.
08/19/2022	Brief amicus curiae of Tanenbaum Center for Interreligious filed.
08/19/2022	Brief amici curiae of Massachusetts, et al. filed.
08/19/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
09/12/2022	Reply of petitioners 303 Creative LLC, et al. filed.
10/03/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
10/18/2022	SET FOR ARGUMENT on Monday, December 5, 2022.
10/25/2022	CIRCULATED.
10/28/2022	Record requested from the U.S.C.A. 10th Circuit.
10/28/2022	Record received from the U.S.C.A. 10th Circuit. The record is available on PACER.
12/05/2022	Argued. For petitioners: Kristen K. Waggoner, Washington, D. C. For respondents: Eric R. Olson, Solicitor General, Denver, Colo.; and Brian H. Fletcher, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
06/30/2023	Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined.
08/01/2023	Judgment issued.