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Statement on 303 Creative LLC v. Elenis

The Supreme Court issued a decision in 303 Creative v. Elenis that authorizes an exception to a state nondiscrimination law, allowing a limited First Amendment exemption from laws requiring businesses open to the public to offer the goods and services they sell without discrimination. Despite upholding that nondiscrimination laws are important, the Court ruled that a “free speech” exemption can be given to public accommodations non-discrimination laws for custom goods and services. According to GLAD, “the unusual nature of the transaction in the case suggests the ruling has virtually no application to the overwhelming majority of businesses providing goods and services to the public.”

While the ruling is limited, it is appalling and disappointing to see this setback in the fight for equality for gender and sexual minorities. In the face of setbacks and despite institutions denying our humanity and right to exist, we affirm our right to exist. We affirm our commitment as Boston’s LGBTQ+ community archives to document and share queer stories, to provide educational resources about our community’s history and legacy, and to never again be marginalized in the historical record. We believe knowledge of history combats prejudice and influences the ongoing fight for liberty and equality for all LGBTQ+ people. Justice Sonia Sotomayor, in her dissent, stated, “LGBT[Q+] people have existed for all of human history. And as sure as they have existed, others have sought to deny their existence, and to exclude them from public life.” We will not be erased. Stay furious, practice hope, queer joy is a radical act. 

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