Creatives and LGTBQ+ rights—how to fight discrimination after the Supreme Court’s free-speech ruling

After the U.S. Supreme Court’s ruling that a Colorado web developer may refuse to create wedding websites for same-sex couples, the implications of the decision are becoming clear. Already, we’re seeing condoned discrimination, such as a Michigan hair salon refusing to service gender nonconforming individuals. I followed the case closely due to my proximity to the issue and, like many Americans, was disappointed by the outcome. I have built my career around advocating for creative professionals—which to me necessarily means working toward a more inclusive field and society.

This ruling in 303 Creative LLC v. Elenis might feel like a monumental step backward, but it is not the end of the road. Now more than ever, leading employers in the design field in particular must be committed to preventing discriminatory practices and divisiveness from entering our profession. We can use our position in the industry to voice our support for the LGBTQ+ community, advocate for our employees—especially those whose identities are at the center of this ruling—and invest in inclusive workplace policies. Here are three important ways:

Transparency in representing our work

Design leaders can begin with the way they represent their work to both the public and their employees. Internally, this means being transparent and specific with their staff about the nature of their work from the start to avoid issues after a project has already begun. In particular, it must be clear to all parties that, for commercial businesses offering creative and design services to the public, terms of work are based on the client’s requests and parameters. In this context, designers can no longer pick and choose their customers based on their beliefs under the guise of free speech. 

To be sure, it is important that all design workers have the right to self-advocate, establish boundaries and even turn down clients. They may reject a project on a case-by-case basis if they don’t have enough bandwidth or don’t think it is a good fit for them. However, with this decision, the court has given 303 Creative LLC—and by extension, all creative businesses—carte blanche permission to discriminate against an entire population. That is a bridge too far.

Transparency with clients

In a world where LGBTQ+ individuals and other marginalized groups may be concerned about whether a creative business will take on their project, design leaders should also be intentional about what they are communicating to current and potential clients. It is essential that we do not let this decision come to represent the creative and design field at large. We can no longer take for granted that clients will assume we will serve them. Instead, we can make it known through our hiring practices, advertising and even direct statements on our websites and client materials that these communities have our support, regardless of what the Supreme Court has said. 

Our field spans so many industries including architecture, fashion, writing, interior design and endless other related roles. We are multifaceted, comprised of people of different religions, sexual orientations, races, genders and other elements of identity. This field and our society are made better by these differences. Though the Supreme Court ruling seeks to undermine this fact, it cannot change how we choose to treat one another.

Ensuring a diverse workplace

Lastly, it’s more important than ever that design leaders double down on their commitments to diversity, equity and inclusion initiatives within their workplaces. Industry leaders need to revisit company policies and build out robust support networks that prioritize equity and give much-needed grace to LGBTQ+ designers in their organization whose rights have been directly affected by the implications of 303 Creative. While it’s easy to focus on the things we can’t control in these situations, leaders have the opportunity to set an example and instill hope in their companies by focusing on what we can do.

Beyond this specific case, our nation is seeing a wave of anti-LGBTQ+ sentiment and policy. This term, 45 states have together introduced a record number of anti-LGBTQ bills—almost 500 as of this week. Books that discuss queer identities are being pulled from shelves and violent protests are breaking out over children’s story hours. In the current cultural context, we must do everything we can as design professionals to prevent our industry from going down this concerning path. 

LGBTQ+ people and other minorities have been marginalized for too long. In this decision, the court has failed them, and the sentiments of the majority of Americans once again. However, even without the courts, business leaders can take it upon themselves to implement policies that ensure a more equitable and inclusive future. As LGBTQ+ individuals see more legal protections stripped away, doing so is critical. The future of the creative and design field depends on what we do today.