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Constitutional Law Keyed to Choper
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
Citation:
138 S. Ct. 1719Facts
In 2012, Charlie Craig and Dave Mullins visited Masterpiece Cakeshop to order a cake for their upcoming wedding reception. The shop’s owner, Jack Phillips, declined to create a custom wedding cake for the couple, citing his religious opposition to same-sex marriage, which Colorado did not recognize at that time. Phillips offered to sell them other baked goods but would not create a wedding cake. The couple filed a complaint with the Colorado Civil Rights Commission, alleging discrimination based on sexual orientation in violation of Colorado’s Anti-Discrimination Act. During the Commission’s public hearings, some commissioners made statements that appeared dismissive of Phillips’ religious beliefs, including comparing his religious objections to defenses of slavery and the Holocaust. The Commission ultimately ruled against Phillips, ordering him to cease discriminating, provide comprehensive staff training, change company policies, and file quarterly compliance reports. Meanwhile, the Commission had previously allowed other bakers to refuse customer requests for cakes with messages they deemed offensive, including anti-gay messages requested by a customer named William Jack.
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