Supreme Court to Take Up LGBT Wedding Cake Battle in Colorado

(Courthouse News Service) A Colorado baker who refused to make a wedding cake for a gay couple because of his religious beliefs will fight discrimination claims before the Supreme Court next term, the justices said Monday.

Supreme Court to Take Up LGBT Wedding Cake Battle in Colo.

Jack Phillips/PHOTO: Alliance Defending Freedom

When the Masterpiece Cakeshop in Lakewood, Colorado refused to make a wedding cake for Charlie Craig and David Mullins in 2012, owner Jack Phillips said it would violate his Christian beliefs.

Phillips believes that decorating cakes is an art through which he honors God, and thus it would upset God to create cakes in celebration of marriages between same-sex couples.

Craig and Mullins filed a complaint with the Office of Administrative Courts, which found in favor of the couple. The Colorado Civil Rights Commission also found that Phillips violated state anti-discrimination laws and ordered him to change his policy against making wedding cakes for same-sex couples or be subject to fines.

PREVIOUSLY: Criminalized Colorado Cake-Baker Says He’s Faced Death Threats

Hoping to overturn the commission’s findings, Masterpiece Cakeshop tried to distinguish the opposition of same-sex marriage from discriminating against sexual orientation.

The Colorado Court of Appeals shut down this argument 3-0 in 2015, however, and the state’s highest court refused a year later to take up the case.

On Monday, the Supreme Court granted Masterpiece’s ensuing petition for certiorari.

Per the court’s custom, the order does not include any statement on the case. The justices did grant a motion of Foundation for Moral Law to file an amicus brief. 

When the cake shop lost its appeal in 2015, a staff attorney for the American Civil Liberties Union’s LGBT Project emphasized in a statement that no U.S. citizen “should be turned away from a shop or restaurant because of who they are or who they love.”

“When every lesbian or gay person, every woman, every person of color, every person of every faith can walk into a store, a bank, a hospital, and know that they will get the same service as everyone else, we will have won. Until then, we continue to fight for the equal treatment we all deserve,” the ACLU’s Ria Mar added.

The appeals court refused to place much stock in the fact that Phillips’ religious opposition to same-sex marriage has not stopped him from making other baked goods for gay or lesbian customers.

“We reject Masterpiece’s related argument that its willingness to sell birthday cakes, cookies, and other non-wedding cake products to gay and lesbian customers establishes that it did not violate CADA,” Judge Daniel Taubman wrote for the court, abbreviating the Colorado Anti-Discrimination Act. “Masterpiece’s potential compliance with CADA in this respect does not permit it to refuse services to Craig and Mullins that it otherwise offers to the general public.”

Jeremy Tedesco, senior legal counsel for Alliance Defending Freedom, focused at the time on religious freedom.

“Government has a duty to protect people’s freedom to follow their beliefs personally and professionally rather than force them to adopt the government’s views,” Tedesco said in a statement. “Jack simply exercised the long-cherished American freedom to decline to use his artistic talents to promote a message with which he disagrees. The court is wrong to deny Jack his fundamental freedoms.”

Original Source

  • David Shonk

    What about the freedoms of the people who are not gay. Regardless of where you live or what you do for a living if you don’t believe in supporting the gay movement why should the government force everyone to accept their way of life. If I support their freedoms why must I have to give up my freedoms…live and let live.

    • Jackalyn Morrison

      They shouldn’t have any more rights than anybody else!! I agree with the bakery on this one!!

    • SATCitizen

      . . .heck. . .the LGBTQs are too cowardly to pull this stunt on the muzzies. They do far worst to this group than Christians ever would. But just goes to show how they would rather live the lies and deceit of the lifestyle than hear the truth. . .and the truth will never change.

      • Richard Travis

        yep, go call up Lashish Restaurant in Warren, MI and tell them you want to host a gay wedding reception.

        • SATCitizen

          . . .their day is coming. . .and they will have no one to blame but themselves.

  • unclealfie

    Beyond belief; Tie up the highest Courts in the country over a cake-baking dispute?
    What if they’re able to force him to bake their stupid cake and they don’t like it; will the Court force him to keep making cakes until they make one that’s acceptable to the two fuits?

  • Anna

    I’m so sick of this I don’t know what to do! This is ridiculous to force people to do something they don’t believe it. So if they don’t want to bake a cake, there are thousands of other bakeries that will. Pick one of them and move on…seriously, it’s as simple as that. I wouldn’t want a cake baked by someone who don’t want to do it–they may bake you a nice surprise that you don’t want…just saying

  • Ken

    I do not give a damn what your sexual orientation is. That is between you and your other. I do have a right to accept sexual orientation that I deem acceptable to myself. I agree with the Bakery.

  • Robert Yockey

    Hmm No shirt no shoes non service. Cannot now be enforced because I have the right to wear what I want when I go into any business.

  • SATCitizen

    Don’t forget, it was the LGBTQs that said, “nobody will have to do anything they don’t want to.” Proving what pawns, liars, and bullies they are. They need to step down as the hypocrites that they are from the anti-bully platform for no one bullies like they do. You should see what they do to their own who don’t want to push the agenda. How do I know this, my homosexual brother, God rest his soul, and in his own words, “I hate the gay activists because they ruin it for the rest of us.” it is not unnatural to want to follow God’s word. . .what is unnatural is those that think man should lay with man and woman with woman. . .all they are doing is mocking and they are now out of the closet with their own hypocrisy.

  • ProudPatriot

    It’s his business. His livelihood. He should be in direct control of who he does and doesn’t serve. End of story. Don’t like it? Shop elsewhere.

  • iprazhm

    How hard is it going to be for the supreme court lords to admit they’ve violated the constitution by illegally creating a law that violates it?
    How hard is it going to be for them to now say their unconstitutionally created law harms innocent victims who need to be protected from it’s dire consequences?
    Their sanctimonious, hypocritical rule must end. It’s tyranny.

  • iprazhm

    They do have that right. We’ve allowed a tyrannical court to illegally steal it. We need to take it back.

  • Richard Travis

    it’s insane how liberals stand for their contentious beliefs when they declined the draft, defended burning the American flag as expression, and made companies stop processing pork products with the same equipment the processed beef, fought for Muslim franchisee’s right to keep pork of their menus but a Christian Baker refuses to use his artistic skills to further a forbidden act in his faith and he gets run out of business???? How insane is that? We were asleep at the wheel when through political pressure they took homosexuality off the list of psychiatric illnesses in 1974. The even have the audacity to call it sexual orientation when in fact is disorientation to say the least. Now you got little boys staring at what God put between his legs and questioning if it is somehow a mistake and people saying you can be whatever you want to be with today’s technology…..but DNA does not lie. You do.