What to do when a business discriminates against you?

As if life isn’t challenging enough for LGBTQ+ citizens in America, in 2023 the Supreme Court handed down a decision (303 Creative v. Elenis) that made it even harder. 

In that case, the majority decided for the plaintiff, saying a Colorado business owner could not be compelled to provide “creative” services to same-sex couples. The plaintiff argued that if she were required to provide such services, it would be creating speech against which she disagreed. The Supreme Court agreed, and determined the existing state law was a violation of the plaintiff’s free speech rights, which had a higher precedent in the constitution than denying service to a gay patron.

So what options do you have now if a business refuses to serve you because you are part of the LGBTQ+ community?

• Be prepared. You may be turned away by a business. The Court’s decision referred to “creative speech,” so any business that provides a good or service that uses creativity to send a message could be considered protected.

• Seek legal advice if needed. If you are unsure if the business falls under this new category, reach out to an LGBTQ+ legal advocacy group. For example Lambda Legal (lambdalegal.org), Equality Florida (www.eqfl.org), or a local attorney.

• Support LGBTQ+ friendly businesses. Volusia Pride maintains an online (and downloadable) directory of local businesses and organizations that support the LGBTQ+ community. Find our resource guides on our website (www.volusiapride.org) under the Local Chapters and Resources pages.

Use online or large national businesses providing similar services. If you need a service or good that can’t be provided by one of our LGBTQ+ community partners, go online or go big. The Human Rights Campaign’s most recent Corporate Equality Index report includes this list of the 100 top scoring companies.