U.S. Supreme Court Rules in Favor of Baker Who Refused to Make Cake for Gay Wedding

Kerry Lear

7 years ago

On Monday, the U.S. Supreme Cake ruled in favor of the Christian Baker from Colorado who refused to make a cake for a gay wedding.

The baker filed a case claiming he did not get a fair hearing because of how the Colorado Civil Rights Commission treated his religion.

“Writing for the case, Justice Anthony Kennedy said that while it is unexceptional that Colorado law “can protect gay persons in acquiring products and services on the same terms and conditions that are offered to other members of the public, the law must be applied in a manner that is neutral toward religion,” writes NPR. “He said that in this case the Colorado baker, Jack Phillips, understandably had difficulty in knowing where to draw the line because the state law at the time afforded store keepers some latitude to decline creating specific messages they considered offensive. Kennedy pointed to the Colorado commission’s decision allowing a different baker to refuse to put an anti-gay message on a cake.”

In a 7-2 decision, the justices ruled that the Colorado Civil Rights Commission violated Phillips’ religious rights under the First Amendment.

“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,” said Kennedy. “The outcome of cases like this in other circumstances must await further elaboration in the courts, all in the context of recognizing that these disputes 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.”

Back in 2012, Phillips told Charlie Craig and Dave Mullins that he does not make cakes for same-sex weddings because of his religious beliefs these marriages are seen as sinful. He then referred them to another bakery.

“I don’t believe that Jesus would have made a cake if he had been a baker,” said Phillips on ABC’s The View. “I’m not judging these two gay men. I’m just trying to preserve my right as an artist to decide which artistic endeavors I’m going to do and which ones I’m not.”

“Colorado bars discrimination based on race, religion, gender and sexual orientation. So Mullins and Craig filed a complaint with the state commission on civil rights, which ruled in their favor, as did the state supreme court. The baker, Jack Phillips, appealed to the U.S. Supreme Court,” writes NPR.

Author’s note: The Supreme Court has at least elevated religious rights to the level of gay rights. It’s much different to sell something that is already made, like in a convenience store, versus someone being forced to make something from scratch even if it goes against your religion. Most artisans would refuse to make something with satanic symbols or Nazi symbols.