Rep. David Cicilline (RI), chair of the LGBTQ+ Equality Caucus, and Rep. Chris Pappas (NH), Equality Caucus cochair, are among some 123 members of the US Congress who filed an amicus brief in another Supreme Court case that threatens LGBTQ+ rights.
Notes an Aug. 19 Equality Caucus press release, the case (303 Creative LLC v. Elenipress) specifically challenges a Colorado nondiscrimination law; however, it could also be used to weaken public accommodations nondiscrimination laws more generally across the US by providing a constitutional right to discriminate in certain instances against LGBTQ+ people and other marginalized groups.
“Discrimination has no place in our society, yet this case is a reminder that despite the progress we have made there are still businesses out there that want to discriminate against LGBTQ+ people and other marginalized communities,” said Cicilline.
“The First Amendment is a key part of our Constitution, but it most certainly does not create a constitutional right for businesses open to the public to discrimination against LGBTQ+ and other people,” he said. “For more than half a century, Congress has made clear that businesses that are open to the public should not be able to discriminate—as exemplified by the Civil Rights Act of 1964—and many states, including Colorado, have done the same. The Court must reject the dangerous arguments of the petitioners in this case and instead uphold the dignity and rights of LGBTQ+ and other marginalized people who only seek to receive the same rights, protections, and services as any other people.”
Said Pappas, “I know as a small business owner that when you open your doors to the public you must treat everyone fairly and equally. This case threatens the freedom and dignity that all Americans deserve, including LGBTQ+ individuals who still can face discrimination today in far too many aspects of their lives. I urge the Court to reject this argument, uphold this nondiscrimination law, and ensure everyone is equal before the law.”
Cicilline and Sen. Jeff Merkley of Oregon led the effort, joined by their Congressional colleagues plus 14 US Senators.
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