Expect more suits claiming 'expressive association' rights.

• Date: 01 September 2023

The Supreme Court ruled in June that a Colorado web designer could decline to develop sites celebrating same-sex weddings based on her First Amendment expressive freedom of association. The High Court said a state law requiring all businesses to sell goods or services to customers regardless of their sexual orientation was unconstitutional when applied to a business whose proprietor held the belief that marriage is the exclusive right of opposite-sex partners. (303 Creative v. Elenis, Supreme Court, 2023)

Now a Catholic school is trying to argue it has the right to "expressive association" in the employment context, able to reject applicants or fire employees who don't live up to its views on moral behavior.

Recent case: Lonnie worked for Charlotte Catholic High School in North Carolina as a substitute drama teacher. He announced on Facebook that he was engaged to his same-sex partner of 14 years. Shortly after, he learned he would receive no more substitute teaching assignments because he was marrying a man.

The EEOC took up his case and won at the federal...