Page:303 Creative LLC v. Elenis.pdf/59

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Cite as: 600 U. S. ____ (2023)
27

Sotomayor, J., dissenting

individuals in the provision of publicly available goods, privileges, and services.” Ibid. (emphasis added). The State confirms this reading of CADA. The law applies only to status-based refusals to provide the full and equal enjoyment of whatever services petitioners choose to sell to the public. See Brief for Respondents 15–18.

Crucially, the law “does not dictate the content of speech at all, which is only ‘compelled’ if, and to the extent,” the company offers “such speech” to other customers. FAIR, 547 U. S., at 62. Colorado does not require the company to “speak [the State’s] preferred message.” Ante, at 19. Nor does it prohibit the company from speaking the company’s preferred message. The company could, for example, offer only wedding websites with biblical quotations describing marriage as between one man and one woman. Brief for Respondents 15. (Just as it could offer only t-shirts with such quotations.) The company could also refuse to include the words “Love is Love” if it would not provide those words to any customer. All the company has to do is offer its services without regard to customers’ protected characteristics. Id., at 15–16. Any effect on the company’s speech is therefore “incidental” to the State’s content-neutral regulation of conduct. FAIR, 547 U. S., at 62; see Hurley, 515 U. S., at 572–573.

Once these features of the law are understood, it becomes clear that petitioners’ freedom of speech is not abridged in any meaningful sense, factual or legal. Petitioners remain free to advocate the idea that same-sex marriage betrays God’s laws. FAIR, 547 U. S., at 60; Hishon, 467 U. S., at 78; Runyon, 427 U. S., at 176. Even if Smith believes God is calling her to do so through her for-profit company, the company need not hold out its goods or services to the public at large. Many filmmakers, visual artists, and writers never do. (That is why the law does not require Steven Spielberg or Banksy to make films or art for anyone who asks. But cf. ante, at 12, 23–24.) Finally, and most importantly, even