MMAA’s statement in response to the 303 Creative LLC v. Elenis Supreme Court Decision

The Supreme Court ruled in the 303 Creative LLC v. Elenis case that owner, Lorie Smith’s First Amendment rights to free artistic expression and religious beliefs were violated in a decision that has heavy implications for LGBTQ+ rights, freedom of speech and religion, and creative expression. This decision overturns our courts’ decades-long rejection of attempts to shrink public accommodation laws by allowing public businesses to exclude customers based on personal beliefs and views.

 

We have known this Court has sought to overturn landmark high court rulings that established gay rights since the Supreme Court’s Dobbs v. Jackson Women’s Health Organization ruling, when Justice Clarence Thomas wrote that the justices “should reconsider all of this Court’s substantial due process precedents, including Griswold, Lawrence, and Obergefell.” In today’s decision, the Court has determined that one person’s religious beliefs supersede the rights of an entire protected class. After all, if a web designers can defy civil rights laws because they require creativity, any job requiring some level of artistry – such as clothing designers, florists, jewelers, or makeup artists – may also be exempt.

 

The Court’s decision will lead to more identity-based discrimination, polarization, and people being unable to access the goods and services they need to live their lives. Decades of profound and lasting consequences of past discriminatory policies are already demonstrable evidence that people’s quality of life and access to opportunity are relentlessly diminished due to inequities in education, health, wealth, and employment. No identity group is safe from this decision, but the LGBTQ+ community is profoundly vulnerable as states become more emboldened to enact anti-LGBTQ+ laws across the U.S. Already in 2023, 525 anti-LGBTQ bills have been introduced in 41 state legislatures – more than 2.5 times the number of similar bills (200+) introduced in 2022. Of these bills, over 76 have been signed into law as of June 5, 2023 – more than any year on record, and more than double over 2022.

 

Despite this ruling, Modern Military Association of America will continue to fight on behalf of the 79,000+ Lesbian, Gay, and Bisexual persons; 15,500+ Transgender persons actively serving in the military; 1M+ LGBT veterans; as well as their families. We will do this by:

• Educating elected officials on anti-LGBTQ+ laws’ negative impact on national security, military recruitment, and retention efforts.
• Leading Rainbow Shield Certification, culturally specific and trauma-informed linguistic, administrative, and environmental resources and knowledge for agencies and corporations to effectively work with LGBTQ+ and HIV+ military and veteran communities.
• Sharing legal resources for discharge upgrades with LGBTQ+ service members who were kicked out under Don’t Ask Don’t Tell.
• Providing MilPride resources and support network for LGBTQ+ youth and/or youth with LGBTQ+ parents.
• Supporting the LGBTQ+ military and veteran community through 80+ MMAA chapters that facilitate opportunities for mutual support, camaraderie, and leadership development.

 

Exclusion and segregation harms us all. Join us in the fight today.