303 Creative, et al. v. Elenis, et al.
| Docket Number | 19-1413 |
| Decision Date | 26 July 2021 |
Appellants Lorie Smith and her website design company 303 Creative, LLC (collectively, “Appellants”) appealed the district court’s grant of summary judgment in favor of Appellees Aubrey Elenis, Director of the Colorado Civil Rights Division (the “Director”), members of the Colorado Civil Rights Commission (the “Commission”), and Phil Weiser, Colorado Attorney General (collectively, “Colorado”). Appellants challenged Colorado’s Anti-Discrimination Act (“CADA”) on free speech, free exercise, and vagueness and...
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43 cases
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Emilee Carpenter, LLC v. James
...from communicating that "the patronage ... of any person ... of any particular ... sexual orientation ... is unwelcome"); see also Elenis , 6 F.4th at 1183-83 ; Chelsey Nelson , 479 F. Supp. 3d at 550-51.Finally, Plaintiff has sufficiently alleged a "credible threat of prosecution" under th......
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United States v. Hasson
...Cir. 2020) ; United States v. Bramer , 832 F.3d 908, 909 (8th Cir. 2016) ; Kashem , 941 F.3d at 376 (9th Cir.) ; 303 Creative LLC v. Elenis , 6 F.4th 1160, 1190 (10th Cir. 2021).Even if we were to view Johnson and Dimaya as instances in which the Court bypassed as-applied challenges to proc......
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Animal Legal Def. Fund v. Kelly
...cite to R.A.V. do so only for more general principles of First Amendment law. See 303 Creative LLC v. Elenis , 6 F.4th 1160, 1200–01, No. 19-1413 (10th Cir. July 26, 2021) (Tymkovich, C.J., dissenting) (citing R.A.V. for the definition of content-based laws); Pahls v. Thomas , 718 F.3d 1210......
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Kane v. De Blasio
...express exceptions for objectively defined categories of persons." We The Patriots , 17 F.4th at 288 (quoting 303 Creative LLC v. Elenis , 6 F.4th 1160, 1187 (10th Cir. 2021) ). Rather, there must be some showing that the exemption procedures allow secularly motivated conduct to be favored ......
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2 firm's commentaries
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Religious Institutions Update: October 2021
...Public Accommodations Law Application of State Antidiscrimination Law Survives Free Exercise Review In 303 Creative LLC v. Elenis, 6 F. 4th 1160 (10th Cir. 2021), the court decided a pre-enforcement challenge to the Colorado Anti-Discrimination Act (CADA). A website design company and its f......
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Religious Institutions Update: October 2021
...Public Accommodations Law Application of State Antidiscrimination Law Survives Free Exercise Review In 303 Creative LLC v. Elenis, 6 F. 4th 1160 (10th Cir. 2021), the court decided a pre-enforcement challenge to the Colorado Anti-Discrimination Act (CADA). A website design company and its f......
10 books & journal articles
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Community, Society, and Individualism in Constitutional Law
...Ct. 2228, 2261 (2022). 446. See Masterpiece Cakeshop, Ltd. v. Colo. C.R. Comm’n, 138 S. Ct. 1719, 1724 (2018); 303 Creative LLC v. Elenis, 6 F.4th 1160 (10th Cir. 2021), cert. granted , 142 S. Ct. 1106 (mem) (argued Dec. 5, 2022) (No. 21-476). 818 THE GEORGETOWN LAW JOURNAL [Vol. 111:761 4.......
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Review of Law in 50 the States in 2022: U.S. Supreme Court Shakes Up Family Law Policy
...husband’s fraudulent conduct in his divorce 13 years before 8. Haaland v. Brackeen, 143 S. Ct. 1609 (2023). 9. 303 Creative LLC v. Elenis, 6 F.4th 1160 (10th Cir. 2022), cert. granted in part , 142 S. Ct. 1106 (2022), rev’d , 143 S. Ct. 2298 (2023). 10. Id. ; see Arthur S. Leonard, Same-Sex......
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The Roberts Court and Compulsory Collective Bargaining: Reading the Tea Leaves after Janus
...3d at 559 (quoting Hurley v. Irish-Am. Gay, Lesbian & Bisexual Grp. of Bos., 515 U.S. 557, 578 (1995)). 81. 303 Creative LLC v. Elenis, 6 F.4th 1160, 1176 (10th Cir. 2021). 82. Id. at 1169. 83. Id. 84. Id. 85. Id. The proposed statement is this: These same religious convictions that motivat......
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Same-Sex Family Recognition and Anti-Discrimination Law: A Free Speech Battleground
...and editor-in-chief of LGBT Law Notes, a monthly newsletter published by the LGBT Law Association Foundation of Greater New York. 1. 6 F.4th 1160 (10th Cir. 2022), cert. granted in part , 142 S. Ct. 1106 (2022) (No. 21-476). 2. 576 U.S. 644 (2015). 3. 303 Creative LLC v. Elenis, 142 S. Ct. ......
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