Where does religious freedom end and discrimination against marginalized groups begin? The U.S. Supreme Court is poised to examine the ever-changing line, and after the end of its most recent term, it appears that a win for advocates for an expanded view of religious freedom, at the expense of the LGBTQIA+ community, marginalized genders, religious minorities, and other disenfranchised groups, is on the horizon.

Earlier this year, the Supreme Court announced it will decide next term whether to expand religious exemptions from civil rights laws. Specifically, in 303 Creative v. Elenis, the court will decide whether Lorie Smith, the owner of a Colorado-based graphic design firm, has the constitutional right to deny services to same-sex couples seeking graphic designers to create their wedding websites. In doing so, the court will determine whether the Colorado Anti-Discrimination Act, which prohibits businesses open to the public from discriminating against (or indicating their intent to discriminate against) LGBTQIA+ people violates the free speech clause of the First Amendment by compelling an artist to speak or stay silent. This case will likely have significant consequences for employers, specifically businesses engaged in expressive conduct, and members of communities traditionally ostracized by religious groups.

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