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

Foundry Kelowna makes health care impact

More than 1,000 people ages 12 to 24 in the past year have come seeking help

Cherry season has arrived in the Okanagan

Dust off those cherry pie recipes

DeHart: Pharmasave introduces genetic testing program

This week Maxine DeHart dishes up career changes, anniversaries and of course birthdays

Hall of Fame opens doors to six new inductees

Central Okanagan Sports Hall of Fame adds four athletes and two builders for 2018.

Sun-Rype Products Ltd. and Mamas for Mamas announce partnership

The partnership will help support mothers in crisis

BreakOut West to bring Kelowna to its feet

BreakOut West is expected to have a significant economic impact

Humboldt survivors to attend NHL Awards

Players say it’s a blessing to be back together again

Justice minister: marijuana still illegal for now

Driving under the influence of drugs has always been — and will remain — against the law

Crown recommends 150-years for Quebec mosque shooter

Crown lawyers say Alexandre Bissonnette deserves to receive the longest sentence in Canadian history

192 missing after ferry sinks in Indonesia

Drivers are searching a Indonesian lake after a ferry sank earlier this week

No clear plan yet on how to reunite parents with children

A lawyer has documented more than 300 cases of adults who have been separated from a child

Port of Prince Rupert names Shaun Stevenson as new CEO

Stevenson has worked for the port for 21 years as vice president of trade development

Senate officially passes Canada’s marijuana legalization bill

Bill C-45 now moves to royal assent, which is the final step in the legislative process

Fake attempted abduction not funny to B.C. neighbourhood residents

Two teenage boys won’t face criminal charges after scaring girl

Most Read