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

Man pleads not guilty in 1987 slayings of Victoria couple

William Talbott of SeaTac was arraigned Tuesday in Snohomish County Superior Court

BC Supreme Court rules in favour of Victoria’s plastic bag ban

Court dismisses a challenge by the Canadian Plastic Bag Association

Officials worry of fire risk at homeless camp

Regina Park camp has grown to 77 tents

Crews search for missing kayaker near Sooke

The person was seen launching their kayak from Beecher Bay on Monday at noon

Forced to flee: public partakes in refugee simulation

Locals go through detailed scenarios in honour of World Refugee Day

Homeless people living on ‘Surrey Strip’ move into modular housing

BC Housing says 160 homeless people are being moved into temporary Whalley suites from June 19 to 21

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

WEB POLL: Should illegal immigrants be separated from their children?

Should illegal immigrants be separated from their children?… Continue reading

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

Mosquitoes out in full force already? Blame the weather

But a B.C. mosquito expert says the heat wave will help keep the pests at bay

New GOP plan: Hold kids longer at border – but with parents

Move would ease rules that limit how much time minors can be held with their parents

Without a big data strategy, Canadians at risk of being ‘data cows’

Presentation said artificial intelligence could give Facebook and Amazon even more power

Five B.C. families stuck in Japan as Canada refuses visas for adopted babies

Lawyer points to change in American policy around adoptions from Japan

Most Read