This case concerns whether applying a public-accommodation law to compel a business that chooses to serve the public to provide wedding website design services without discriminating against a same-sex couple violates the free speech clause of the First Amendment.

In September of 2019, Peter Vlaming, a French teacher at West Point High School, refused to address a transgender boy in his class with he/him pronouns. Instead, the teacher avoided using pronouns when addressing the student, while continuing to use gendered pronouns when addressing everyone else. After several warnings, the school district told the teacher he needed to address the student with male pronouns (the same way he addressed other boys) or he would be fired. The teacher refused; the school district fired him, and Vlaming, represented by the Alliance Defending Freedom, filed a suit in state court arguing that the school district violated his free speech and free exercise rights under the Virginia Constitution and Virginia’s RFRA.

After the Washington Supreme Court found that the refusal of Arlene’s Flowers to sell flowers to a gay couple violated Washington Law Against Discrimination and the Consumer Protection Act, the flower shop sought review by the Supreme Court of the United States. The US Supreme Court subsequently remanded to the WA Supreme Court and on June 6, 2019, the WA Supreme Court affirmed their earlier decision. On September 11, 2019, Arlene's Flowers filed to hear the case again, at the Supreme Court of the United States.

Fred Cargain was hired by Breitling USA in 1990 and served as a leading sales rep for the company for over 15 years. In 2010 following the hiring of a new CEO, Cargain started to be treated differently than other men in similar positions. After multiple promotions and 23 years with the company, Cargain was fired in 2013.