TRENTON, NJ – The U.S. Supreme Court has dealt a blow to the New Jersey Law Against Discrimination, which sought to protect the rights and projection of the LGBTQ+ community on members of society outside of that realm.
In a case heard by the Supreme Court, the court ruled that a small business can deny business to LGBTQ patrons if the custom product or service is tailored with a message, belief or ideology the the business owner does not believe.
The case revolved around a private web developer refusing to build a website for a gay couple. Other cases have involved bakeries refusing to make custom cakes.
n the 303 Creative case, the U.S. Supreme Court considered the application of a Colorado anti-discrimination statute to a web designer who offered customized websites for weddings but refused to provide the same service for same-sex weddings. The court determined that, in this particular case, the web designer’s creations were considered “original,” “customized and tailored” for each customer, and were deemed expressive of her own speech and message. As a result, the court ruled that the web designer had a First Amendment right not to create websites for same-sex weddings.
The newly released enforcement guidance makes it clear that the ruling in 303 Creative will have limited impact on the vast majority of businesses and vendors that are open to the public in New Jersey. The Supreme Court’s decision offers an exemption only to a narrow set of creative services provided by certain places of public accommodation, freeing them from anti-discrimination laws like the LAD. To qualify for this exemption, a public accommodation must satisfy specific criteria, which include demonstrating that their creative services are “original” and “customized and tailored” for each customer.
Additionally, the creation must be “expressive” and represent the creator’s protected speech under the First Amendment.
Importantly, the refusal to provide the creative service must be based on the message conveyed and not on the customer’s identity or any other protected characteristic standing alone.
New Jersey Attorney General Matt Platkin said LAD remains in full effect despite the Supreme Court decision, adding that the court’s decision was ‘misguided.’
“The Supreme Court’s misguided decision in 303 Creative does not change a simple fact: New Jersey’s laws remain among the strongest in the nation for protecting people, including members of the LGBTQ+ community, against bias and discrimination,” said Attorney General Matthew J. Platkin.“The Supreme Court’s misguided decision in 303 Creative does not change a simple fact: New Jersey’s laws remain among the strongest in the nation for protecting people, including members of the LGBTQ+ community, against bias and discrimination,” said Attorney General Matthew J. Platkin. “Our commitment to enforcing those laws and ensuring our residents’ rights to fair treatment remains unwavering.” “The New Jersey Law Against Discrimination is one of the nation’s strongest anti-discrimination statutes, and we remain committed to enforcing the robust protections it provides,” said Sundeep Iyer, Director of the Division on Civil Rights. “We strongly encourage“The Supreme Court’s misguided decision in 303 Creative does not change a simple fact: New Jersey’s laws remain among the strongest in the nation for protecting people, including members of the LGBTQ+ community, against bias and discrimination,” said Attorney General Matthew J. Platkin. “Our commitment to enforcing those laws and ensuring our residents’ rights to fair treatment remains unwavering.”
The Division on Civil Rights strongly encourages anyone who believes they have experienced discrimination to file a complaint promptly. The state remains steadfast in its mission to protect the rights and dignity of all individuals within its borders, ensuring a fair and inclusive environment for everyone.