Phillips said his protections of free expression and religious freedom override Colorado’s anti-discrimination law, meaning he could legally refuse to create a wedding cake for the couple.
They also said he has refused to make cakes to celebrate Halloween or create baked goods that have an “anti-American or anti-family themes” or carry profane messages.
Representing the couple is the American Civil Liberties Union (ACLU).
By declining to hear the lawsuit and allow the ruling from the 9th Circuit Court of Appeals from a year ago to stand, the rule continues to allow that the “2nd Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public”.
David Mullins and Charlie Craig, who are now married, filed a discrimination lawsuit in September 2012 after Phillips refused to make their wedding cake.
The high profile case won’t be heard until the fall, but in the meantime, News 25’s Kendra Turley caught up with a Biloxi bakery owner to hear her point of view on the controversy.
In 2015, the Colorado Court of Appeals determined that making a cake for Craig and Mullins didn’t mean Phillips condoned same-sex marriage.
The Colorado Supreme Court declined to take the case after the state’s Court of Appeals affirmed a Colorado Civil Rights Commission decision from May 2014. The state Department of Health said it will take information from same-sex couples who want to amend a birth certificate, but was waiting on guidance from the state’s high court. They wanted Masterpiece to bake a cake they could take with them to MA, where gay marriage was legal (and where they were holding their ceremony).
“All hardworking people, including those who are gay, lesbian, bisexual, transgender, or queer, should be treated fairly and equally under the law”, said Laura “Pinky” Reinsch, political director for the gay rights group One Colorado.
The court made its decision without requiring oral argument or additional briefing on the case.
Members of these communities are likely swayed by the June 2015 Supreme Court ruling legalizing same-sex marriage and increased outreach to the LGBT community by faith leaders, said Robert Jones, CEO of Public Religion Research Institute. They include California and six other states in the West, Illinois and three other states in the upper Midwest, and 10 states on the East Coast from Maryland to Maine.
When businesses open their doors to the public, they must open them to everyone on the same terms, regardless of race, color, national origin, disability, or – under many state laws – sex, sexual orientation, or gender identity.
Two years later, the court sidestepped a similar case concerning Christian nonprofit organizations.