Does a website design company have a First Amendment right to discriminate against same-sex couples? But the Supreme Court reached no conclusion on the free speech claim and instead ruled in favor of the bakery on narrow religious grounds. The challenge here is how to classify 303 Creative’s making or refusing to make a website for same-sex couples. If so, it does not trigger, never mind violate, the free speech clause. It would extend to companies that oppose it for nonreligious reasons but can argue that providing their speech-based services to same-sex couples compelled them to express a message of support for that marriage.

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