Justices side with Colorado baker on same-sex wedding cake

The Supreme Court ruled Monday for a Colorado baker who wouldn’t make a wedding cake for a same-sex couple

The Supreme Court ruled Monday for a Colorado baker who wouldn’t make a wedding cake for a same-sex couple in a limited decision that leaves for another day the larger issue of whether a business can invoke religious objections to refuse service to gay and lesbian people.

The justices’ decision turned on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips. The justices voted 7-2 that the commission violated Phillips’ rights under the First Amendment.

RELATED: Australian Parliament allows same-sex marriages

Justice Anthony Kennedy said in his majority opinion that the larger issue “must await further elaboration” in the courts. Appeals in similar cases are pending, including one at the Supreme Court from a florist who didn’t want to provide flowers for a same-sex wedding.

The disputes, Kennedy wrote, “must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market.”

The same-sex couple at the heart of the case, Charlie Craig and Dave Mullins, complained to the Colorado commission in 2012 after they visited Phillips’ Masterpiece Cakeshop in suburban Denver and the baker quickly told them he would not create a cake for their wedding celebration.

Colorado law prohibits discrimination on the basis of sexual orientation, and the commission concluded that Phillips’ refusal violated the law, despite Phillips’ argument that he is opposed to same-sex marriage on religious grounds. Colorado state courts upheld the determination.

But when the justices heard arguments in December, Kennedy was plainly bothered by comments by a commission member that the justice said disparaged religion. The commissioner seemed “neither tolerant nor respectful of Mr. Phillips’ religious beliefs,” Kennedy said in December.

That same sentiment suffused his opinion on Monday. “The commission’s hostility was inconsistent with the First Amendment’s guarantee that our laws be applied in a manner that is neutral toward religion,” he wrote.

Liberal justices Stephen Breyer and Elena Kagan joined the conservative justices in the outcome. Kagan wrote separately to emphasize the limited ruling.

Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented.

In a statement issued after the ruling Monday, Phillips’ Supreme Court lawyer praised the decision.

“Government hostility toward people of faith has no place in our society, yet the state of Colorado was openly antagonistic toward Jack’s religious beliefs about marriage. The court was right to condemn that,” said Kristen Waggoner, the Alliance Defending Freedom senior counsel who argued Phillips’ case.

Waggoner said Phillips is willing to sell ready-made products to anyone who enters his store. But, “he simply declines to express messages or celebrate events that violate his deeply held beliefs,” she said.

Phillips was at his shop Monday morning, where he was busy answering the phone and getting congratulations from his supporters in person, including his pastor. One woman brought him a bouquet of flowers and others hugged him.

The American Civil Liberties Union, which represented the couple in its legal fight, said it was pleased the court did not endorse a broad religion-based exemption from anti-discrimination laws.

“The court reversed the Masterpiece Cakeshop decision based on concerns unique to the case but reaffirmed its longstanding rule that states can prevent the harms of discrimination in the marketplace, including against LGBT people.” said Louise Melling, the ACLU’s deputy legal director.

Several legal disputes are pending over wedding services, similar to the Phillips case. Video producers, graphic artists and florists are among business owners who say they oppose same-sex marriage on religious grounds and don’t want to participate in same-sex weddings.

Barronelle Stutzman, a florist in Richland, Washington, has appealed a state Supreme Court ruling that found she violated state law for refusing to provide the wedding flowers for two men who were about to be married.

The justices could decide what to do with that appeal by the end of June.

The Associated Press

Like us on Facebook and follow us on Twitter.

Just Posted

UPDATE: Man reported missing has been located safely

Ponoka RCMP had been looking to find Joseph Desjarlais

Breaking: SuperNet provider Axia cannot guarantee continued service

Alberta’s health, schools, libraries, municipal governments at risk from delayed bidding

Highway 53 concerns being looked at

Speed zone change being contemplated, other issues will depend on who has jurisdiction

Court full as schools, parents dispute Alberta gay-straight alliance law

Justice Centre argues keeping parents out of the loop violates freedom of religion and expression

Research paper states low income earners hit hardest by dairy supply management

Canada’s poorest spend more of annual income on food staples than higher income earners

In reversal, Trump signs executive order to stop family separation

President had been wrongly insisting he had no choice but to separate families apprehended at border

After World Cup lineup photographed, England urges media to help team

Now the England camp is actually asking media: Are you with us or against us?

Liberals set hiring, procurement rules for federally-funded projects

Indigenous Peoples, recent immigrants, veterans, young people, people with disabilities and women to be hired

Get your hot dog water, only $40 in Vancouver

‘Hot Dog Water’ seller in Vancouver gets laughs, sales with savvy marketing

Privacy questions linger two years after Canada-U.S. terror list deal struck

Two years after Canadian and U.S. security agencies signed an updated agreement officials consider privacy risk

Manitoba MP was allegedly abusive at Red Cross shelter

Canadian Red Cross has filed a complaint that Liberal backbencher MaryAnn Mihychuk ignored protocol

A look at what Canadian teams might do in the 1st round of the NHL draft

Montreal, Ottawa, Vancouver and Edmonton in top 10 of upcoming draft

Koko, the gorilla who knew sign language, dies at 46

Western lowland gorilla, 46, died in her sleep in California

Clearview and Wolf Creek school boards sign historic agreement

Partnership will help 2,000 high school students

Most Read