Colorado Supreme Court Declines to Hear Appeal Over Same-Sex Wedding Cake

Colorado Supreme Court
The Colorado Supreme Court. |

The Colorado Supreme Court declined to hear the case of a baker who refused to make a wedding cake for a same-sex couple on religious grounds, upholding a lower court ruling that deemed his refusal an act of discrimination.

In 2012, same-sex couple David Mullins and Charlie Craig was denied their request for a cake by Master Cakeshop owner Jack Phillips who had cited his religious beliefs as the basis for his rejection.

The couple, represented by the American Civil Liberties Union (ACLU) of Colorado, filed a complaint to the Civil Rights Commission against Phillips, who was found guilty by the Commission of violating Colorado's Anti-Discrimination Act in May 2014.

"We all have a right to our personal beliefs, but we do not have a right to impose those beliefs on others and discriminate against them," ACLU staff attorney Ria Tabacco Mar said in a statement.

In August 2015, the Colorado Court of Appeals affirmed the decision of the Civil Rights Commission.

"Masterpiece remains free to continue espousing its religious beliefs, including its opposition to same-sex marriage. However, if it wishes to operate as a public accommodation and conduct its business within the State of Colorado, CADA (the Colorado Anti-Discrimination Act) prohibits it from picking and choosing its customers based on their sexual orientation," the decision states.

Phillips, represented by the Alliance Defending Freedom, was prompted to file a petition to appeal with the Colorado Supreme Court in October 2015.

"We asked the Colorado Supreme Court to take this case to ensure that government understands that its duty is to protect the people's freedom to follow their beliefs personally and professionally, not force them to violate those beliefs as the price of earning a living," Alliance Defending Freedom Senior Counsel Jeremy Tedesco said in a statement.

"Jack, who has happily served people of all backgrounds for years, simply exercised the long-cherished American freedom to decline to use his artistic talents to promote a message and event with which he disagrees, and that freedom shouldn't be placed in jeopardy for anyone."