HISTORICAL FACTS: 303 creative - The Untold Story

A Short Take on Chiles v. Salazar

Another religious freedom case in a free speech guise

Reason · Apr 2

Documenting Denial: A Record of Rejection Faced by Gay Couples

Over the past two decades, scores of business owners across the nation have sought to refuse services for same-sex weddings, an SMU Law School study finds

Reason · Sep 4, 2025

Expressive Discrimination: Universities' First Amendment Right to Affirmative Action — Part 3

Continuing my serial blogging on whether private universities can use a Boy Scouts expressive association theory to have race-based affirmative action.

Reason · Mar 4, 2025

Do Religious Schools Have a Right to Exemption from State's Pronoun Policies?

From Friday's opinion by Judge Daniel D. Domenico (D. Colo.) in Darren Patterson Christian Academy v. Roy (for more on a different facet of the case and on the possible relevance, or not, of government funding, see this post): "[T]he First Amendment protects an individual's right to speak his mind…

Reason · Oct 23, 2023

My Emory Law op-ed on 303 Creative LLC v. Elenis

More on an important free-speech case from the recent Supreme Court Term

Reason · Oct 20, 2023

Experts: SCOTUS biased toward Christians

Right-wing plot to limit the freedoms of groups of Americans of whom they disapprove comes to fruition

Salon · Oct 6, 2023

Supreme Court is increasingly putting Christians' First Amendment rights ahead of others' dignity and rights to equal protection

When the Supreme Court ruled in 303 Creative v. Elenis in 2023 that a businessperson could not be compelled to create art that violates their religious beliefs – specifically, a wedding website for a same-sex ceremony – supporters of the decision celebrated it as a victory for freedom of religion…

The Conversation · Oct 5, 2023

Are We Living Through a Standing Realignment?

Recent Supreme Court cases suggest that both the left and the right are already repositioning themselves.

Reason · Sep 8, 2023

What Explains the Discourse on 303 Creative?

Procedure, soundbites, popular views, and more combined to create legally unfounded memes.

Reason · Sep 7, 2023

Did Factual Revelations Undermine 303 Creative?

Recent reporting doesn't materially undermine, and could even strengthen, the case for standing.

Reason · Sep 7, 2023