Baker Sued for Refusing Service to a Gay Couple
In 2012, Jack Phillips, owner of Masterpiece Cakeshop in Lakewood, Colorado, denied gay couple Charles Craig and David Mullins a wedding cake. Last month, Phillips’ denial of the couple’s business climbed all the way to the Supreme Court.
The couple lodged a complaint to the Civil Rights Commission in order to shed light on the discrimination. The panel found Phillips guilty of violating the state’s anti-discrimination law, ordering him not to refuse service to anyone based on race, gender, religion or sexual orientation.
Phillips, however, was not happy with this ruling, believing that he had the right to exercise his first amendment right to freedom of speech and religion. He appealed to the Supreme Court.
On Tuesday, Dec. 5th, the Supreme Court held oral arguments debating religious freedom, LGBT rights and discrimination protection. Scheduled for one hour, the debates stretched for an hour and a half, leaving the nine judges divided with other concerns.
Some of the more liberal judges questioned whether this would extend to other service providers such as photographers, florists or cosmetologists who may be requested for same-sex marriages, while the conservative judges were more concerned with the autonomy of business owners and service providers.
Justice Anthony Kennedy argued that without tolerance, there would be “basically an ability to boycott gay marriages.”
During the time between the Civil Rights Commission ruling and the Supreme Court ruling, Phillips’ lawyers say he did not comply. He refused to make cakes to celebrate any non-family or non-American themes, such as Halloween.
“Tolerance is essential in a free society. Tolerance is most meaningful when it’s mutual,” Kennedy said.
At this time, the Supreme Court remains split, not having reached a ruling.
Craig and Mullins desire to bring about awareness and justice to themselves and the LGBT community.
“This always been about more than a cake,” Mullins said. “Businesses should not be allowed to violate the law and discriminate against us because of who we are and who we love.”
While Phillips strives to express his freedom of speech and religion, Craig and Mullins work toward awareness of LGBT rights and less discrimination of the gay community. The Supreme Court will likely make a decision soon.
