Gay wedding cake supreme court
At that time the state constitution prohibited same-sex marriage in Colorado, though by the state had allowed same-sex marriages, and the Supreme Court of the United States would affirm that gay couples have the fundamental right to marry in Obergefell v. Hodges U.S. (). [1]. The US Supreme Court has ruled in favour of a baker in Colorado who refused to make a wedding cake for a gay couple.
Indeed, while the instant en-forcement proceedings were pending, the State Civil Rights Division concluded in at least three cases that a baker acted lawfully in declin-ing to create cakes with decorations that demeaned gay persons or gay marriages. The Supreme Court ruled in favor of a Colorado baker who refused to bake a cake to celebrate the marriage of a same sex couple because of a religious objection.
The ruling was The court. The current lawsuit originated in on the day the Supreme Court agreed to hear Phillips’ original case. A transgender woman contacted his bakery, Masterpiece Cakeshop in Lakewood, Colorado, and asked for a cake celebrating her gender transition. The US Supreme Court has ruled in favour of a baker in Colorado who refused to make a wedding cake for a gay couple.
The Colorado state court had found that baker Jack Phillips' decision to turn away David Mullins and Charlie Craig in was unlawful discrimination.
masterpiece cakeshop case
But the Supreme Court ruled on Monday in a vote that that decision had violated Mr Phillips' rights. The conservative Christian cited his religious beliefs in refusing service. Gay rights groups feared a ruling against the couple could set a precedent for treating gay marriages differently from heterosexual unions. But the Supreme Court's verdict instead focuses specifically on Mr Phillips' case.
The decision does not state that florists, photographers, or other services can now refuse to work with gay couples. The ruling comes three years after the Supreme Court made same-sex marriage the law of the land in its landmark Obergefell v Hodges decision. The verdict said the commission had shown "clear hostility" and implied religious beliefs "are less than fully welcome in Colorado's business community".
Justice Anthony Kennedy wrote that while Colorado law "can protect gay persons in acquiring products and services The opinion cited the following comment from a Colorado commissioner during a public hearing:. And to me it is one of the most despicable pieces of rhetoric that people can use to use their religion to hurt others. The opinion called such language disparaging of Mr Phillips' religious beliefs and inappropriate for a commission charged with "fair and neutral enforcement of Colorado's anti-discrimination law - a law that protects discrimination on the basis of religion as well as sexual orientation".
For the owner of the Masterpiece bakery, the ruling is unquestionably a victory. But for those on both sides of the argument hoping this case would deliver a definitive constitutional view, there will be disappointment. The court was clearly reluctant to take a categorical view at this stage - witness this line from the judgement: "The outcome of cases like this in other circumstances must await further elaboration in the courts," - which means both sides in the general debate live to fight another day.
The seven-to-two outcome also indicates the justices - four of whom are regarded as more liberal - felt this was neither the time nor the case on which to decide the general constitutional balance between freedom of religious belief and state laws barring businesses from discriminating. However, given the harsh words the justices had for the Colorado Civil Rights Commission, many states with similar laws will now be looking carefully at how they prosecute such cases.
But Mr Phillips refused, saying it was his "standard business practice not to provide cakes for same-sex weddings" as it would amount to endorsing "something that directly goes against" the Bible. Instead, he offered them other products, including birthday cakes and biscuits. Mr Phillips argued "creative artists" have a right to decide what they sell. Colorado is one of 22 states that includes sexual orientation in its anti-discrimination law, which allowed Mr Craig and Mr Mullins to win their case before the state's Civil Rights Commission.
Justice Ginsburg did not agree with the finding that the Commission acted unfairly. She cited "several layers of independent decisionmaking of which the Colorado Civil Rights Commission was but one" in the state case. The Supreme Court in Belfast has yet to release an opinion on a lower court ruling that found the owners of a bakery discriminated against a gay activist for refusing to bake a cake with the slogan "Support Gay Marriage".
The row began in May , when gay activist Gareth Lee placed an order for a cake with the gay marriage slogan. Two days later, the Christian-owned Ashers bakery cancelled the order saying it "would contradict their religious beliefs". Mr Lee subsequently took legal action. Skip to content. US Supreme Court backs Colorado baker's gay wedding cake snub.
Share Save. Jack Phillips has temporarily stopped making wedding cakes.