The Colorado Court of Appeals yesterday ruled that the owners of Masterpiece Cakeshop in Lakewood, Colorado, violated the state’s public-accommodations law when its owner, Jack Phillips, above, refused to make a cake for Charlie Craig and David Mullins, a gay couple who wanted to marry in 2012.
The court, according to this report, court wrote in its decision:
Phillips believes that decorating cakes is a form of art, that he can honor God through his artistic talents, and that he would displease God by creating cakes for same-sex marriages.
However, it found that a lower court had the right to issue a cease-and-desist order against Masterpiece. It said that having to bake a cake for a gay wedding doesn’t place an undue burden on Philips’s religious beliefs, nor is it a violation of his right to free speech.
It’s possible that Masterpiece will appeal the case to the Colorado Supreme Court. In a statement, the group trepresenting him, the Alliance Defending Freedom, said that it is discussing “further legal options”.
The court said.
The act of designing and selling a wedding cake to all customers free of discrimination does not convey a celebratory message about same-sex weddings,. To the extent that the public infers from a Masterpiece wedding cake a message celebrating same-sex marriage, that message is more likely to be attributed to the customer than to Masterpiece.
Charlie Craig, left, and David Mullins
Commenting here on the decision, Mullins said:
Being denied service by Masterpiece Cakeshop was offensive and dehumanizing especially in the midst of arranging what should be a joyful family celebration. No one should fear being turned away from a public business because of who they are.
We are grateful to have the support of our community and our state, and we hope that today’s decision will help ensure that no one else will experience this kind of discrimination again in Colorado.
Longstanding Colorado state law prohibits public ventures, including businesses such as Masterpiece Cakeshop, from refusing service based on factors such as race, sex, marital status or sexual orientation.
Said Amanda C Goad, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project:
While we all agree that religious freedom is important, no one’s religious beliefs make it acceptable to break the law by discriminating against prospective customers. No one is asking Masterpiece’s owner to change his beliefs, but treating gay people differently because of who they are is discrimination plain and simple.
Sara R Neel, staff attorney with the ACLU of Colorado added
Masterpiece Cakeshop has willfully and repeatedly considered itself above the law when it comes to discriminating against customers, and the state has rightly determined otherwise. It’s important for all Coloradans to be treated fairly by every business that is open to the public – that’s good for business and good for the community.
Hat tip BarrieJohn