Sotomayor, J., dissenting
that requires the regulated party to provide speech only if, and to the extent, it provides such speech for others. Supra, at 25–26, 29–30.
Hurley and Dale, by contrast, involved “peculiar” applications of public accommodations laws, not to “the act of discriminating … in the provision of publicly available goods” by “clearly commercial entities,” but rather to private, nonprofit expressive associations in ways that directly burdened speech. Hurley, 515 U. S., at 572 (private parade); Dale, 530 U. S., at 657 (Boy Scouts). The Court in Hurley and Dale stressed that the speech burdens in those cases were not incidental to prohibitions on status-based discrimination because the associations did not assert that “mere acceptance of a member from a particular group would impair [the association’s] message.” Dale, 530 U. S., at 653; see also ibid. (reasoning that Dale was excluded for being a gay rights activist, not for being gay); ibid. (explaining that in Hurley, “the parade organizers did not wish to exclude the GLIB [Irish-American gay, lesbian, and bisexual group] members because of their sexual orientations, but because they wanted to march behind a GLIB banner”); Hurley, 515 U. S., at 572–573.
Here, the opposite is true. 303 Creative LLC is a “clearly commercial entit[y].” Dale, 530 U. S., at 657. The company comes under the regulation of CADA only if it sells services to the public, and only if it denies the equal enjoyment of such services because of sexual orientation. The State confirms that the company is free to include or not to include any message in whatever services it chooses to offer. Supra, at 26–28. And the company confirms that it plans to engage in status-based discrimination. Supra, at 22–23, 31–32. Therefore, any burden on the company’s expression is incidental to the State’s content-neutral regulation of commercial conduct.
Frustrated by this inescapable logic, the majority dials up the rhetoric, asserting that “Colorado seeks to compel [the
