Division on Civil Rights Issues Guidance to Places of Public Accommodation in Light of the U.S. Supreme Court’s Decision in 303 Creative LLC v. Elenis

TRENTON – Attorney General Matthew J. Platkin announced today that the Division on Civil Rights (DCR) has issued guidance that explains how DCR will enforce the New Jersey Law Against Discrimination (LAD) in light of the U.S. Supreme Court’s recent ruling in 303 Creative LLC v. Elenis.

In 303 Creative, the U.S. Supreme Court considered whether the First Amendment barred the application of a Colorado anti-discrimination statute to a web designer who intended to make customized websites for weddings but not to do so for same-sex weddings. The parties agreed that the web designer’s websites were “original” and were “customized and tailored” for each customer, and that the websites the business designed were “expressive” and expressed the designer’s own speech and message regarding her clients’ weddings. Based on those specific facts, the Supreme Court held that the web designer had a First Amendment right not to make her customized website designs for same-sex weddings.