Dear John,

The majority on the Supreme Court has once again proved to be beholden to ideologies that threaten our fundamental rights. This time, in two opinions released this week on cases where the National Women’s Law Center submitted amicus briefs, they targeted LGBTQ+ rights and affirmative action. At NWLC, we are infuriated by the Court’s disregard for precedent and the reality on the ground of discrimination faced by people of color, LGBTQ+ folks, and those of us who live at these intersections. However, we will not allow this to be where the fight ends. Just as we did last year with Roe, we will respond to these new realities, and we won’t back down. First, we want to make sure everyone is on the same page with what these decisions mean. Here’s what you should know:

• 303 Creative v. Elenis — LGBTQ+ Rights: This case dealt with a graphic design company that planned to deny LGBTQ+ couples wedding website services. The Supreme Court has decided that because the business in question would be creating custom, expressive content, it has a free speech right to refuse to provide wedding websites to LGBTQ+ couples. This decision opens a new loophole in Colorado’s Anti-Discrimination Act, which protects individuals, including LGBTQ+ people, from discrimination by businesses. By creating this exception allowing “expressive” businesses to refuse wedding services to same-sex couples, the Supreme Court has invited individuals and businesses to continue to look for new ways to justify discrimination against LGBTQ+ individuals and others. This decision is especially alarming given the continued attacks on the rights of transgender and gender non-conforming individuals across the country. At NWLC, we rise in solidarity with LGBTQ+ communities, advocates, and allies in Colorado and across the country—and we’ll continue to fight for a world where everyone lives with dignity and respect, free from discrimination.


• Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina — Affirmative Action: These cases involved challenges to the admissions policies used by Harvard College and the University of North Carolina that consider race as one factor in cultivating a diverse student body. The Supreme Court’s ruling effectively prohibits schools from considering race per se as part of their admissions decisions, making it more challenging for students of color including Black, Latinx, and Indigenous students—to access educational opportunities. The majority stated that colleges and universities could continue to consider the experiences of individual students, including those related to their racial background, as set out in their personal statements, but this decision is nevertheless a step backward in the fight for equal access to education and an inclusive society. At NWLC, we know that diversity in education is crucial for the success of all students, as each student benefits from exposure to a variety of perspectives and experiences, including from women of color. We are committed to fighting alongside students by working with policymakers to ensure schools continue to prioritize diversity and finding ways to ensure that all students can thrive.

We are sending everyone who is harmed by these decisions love, support, and the knowledge that you will always have the National Women’s Law Center in your corner to fight back for what we know are our fundamental rights. If you want to feel moved by courageous and pointed truth-telling, we recommend reading the powerful dissents here and here. Needless to say, Justices Sotomayor, Kagan, and Jackson did not hold back. We wish you a peaceful, joyful, and restful holiday weekend.

Sunu P. Chandy
she/her/hers
Legal Director
National Women's Law Center

P.S. To start your weekend with some joy, here is one of my gazillion wedding pictures on the Brooklyn Bridge from October 2014 with my spouse Erika!