Page:303 Creative LLC v. Elenis.pdf/2

2 will be “customized and tailored” through close collaboration with individual couples, and will “express Ms. Smith’s and 303 Creative’s message celebrating and promoting” her view of marriage; viewers of Ms. Smith’s websites “will know that the websites are her original artwork;” and “[t]here are numerous companies in the State of Colorado and across the nation that offer custom website design services.”

This Court has previously faced cases where governments have sought to test these foundational principles. In Barnette, the Court held that the State of West Virginia’s efforts to compel schoolchildren to salute the Nation’s flag and recite the Pledge of Allegiance “invad[ed] the sphere of intellect and spirit which it is the purpose of the First Amendment … to reserve from all official control.” 319 U. S., at 642. State authorities had “transcend[ed] constitutional limitations on their powers.” 319 U. S., at 642. In Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U. S. 557, the Court held that Massachusetts’s public accommodations statute could not be used to force veterans organizing a parade in Boston to include a group of gay, lesbian, and bisexual individuals because the parade was protected speech, and requiring the veterans to include voices they wished to exclude would impermissibly require them to “alter the expressive content of their parade.” Id., at 572–573. And in Boy Scouts of America v. Dale, when the Boy Scouts sought to exclude assistant scoutmaster James Dale from membership after learning he was gay, the Court held the Boy Scouts to be “an expressive association” entitled to First Amendment protection. 530 U. S., at 656. The Court found that forcing the Scouts to include Mr. Dale would undoubtedly “interfere with [its] choice not to propound a point of view contrary to its beliefs.” Id.,