Faith in the Marketplace: Christian Legal Narratives and the Refusal to Serve Gay Customers

ABSTRACT

In June 2023, the US Supreme Court in 303 Creative v. Elenis held that an anti‐discrimination statute could not force a Christian business owner to provide certain business services to gay people. The decision has created a slew of legal and social uncertainties, which require a deeper investigation of the contemporary conflict between the gay community and the Christian community. This article begins that investigation by examining data from 46 briefs submitted in favor of the Christian business owner in 303 Creative . The following themes were identified: (1) Christians believe that they are under attack by powerful gay rights activists, (2) having a strong stance on the sinfulness of homosexuality is so central to Christian identity that it requires refusing services to gay people, and (3) Christians believe that their religion mandates closing their business if they are asked to provide services to gay customers. By bringing together Bourdieu's social theory and legal consciousness literature, this article offers insights for researchers who are interested in studying this conflict, including how narratives of marginalization and power are constructed within legal texts regardless of broader structural asymmetries, and it highlights the need for these researchers to consider incorporating into their research a right for gay people to participate in society by receiving goods and services as full citizens.