Nearly two years after a same-sex couple was refused service at a Colorado cake shop, a civil rights panel on Friday deemed the act discrimination and ordered the owner to halt the practice.
The state’s seven-member Civil Rights Commission reinforced a December ruling from an administrative law judge who said Masterpiece Cakeshop owner Jack Phillips discriminated against Charlie Craig and David Mullins when he refused to make them a wedding cake because of religious objections.
In its decision, the panel required Phillips to submit quarterly reports for two years that show how he has worked to change discriminatory practices by altering company policies and training employees. Phillips also must disclose the names of any clients who are turned away.
“Any person doing business in Colorado has to recognize that they have to do business in an ethical and law abiding way and the law says you cannot discriminate,” said Raju Jairam, vice chairman of the commission.
Craig and Mullins filed charges of discrimination with the state’s Civil Rights Commission in July 2012 after they were turned away by the Lakewood baker while trying to buy a cake for a wedding reception.
Colorado law bans discrimination in a public place on grounds of sexual orientation, but Phillips has argued that forcing him to make wedding cakes for same-sex couples violates his right to First Amendment free-speech and freedom-of-religion rights.
Phillips and his attorney are considering an appeal to the Colorado Court of Appeals. He suggested on Friday that the rights of business owners with similar views were taken away by the commission.
Jack Phillips, owner of Masterpiece Cake in Lakewood, decorates a birthday cake Thursday, January 3, 2012. (Lindsay Pierce, Denver Post file photo)
“Not all of life is fair,” Phillips said said after the commission’s decision. “I will stand by my convictions until somebody shuts me down.”
Craig and Mullins said the panel’s decision validated everything they had been feeling. The couple said they have been inundated with support from people across the country since their story became public.
“When it came time to file the lawsuit we realized that this wasn’t just about us and they weren’t just supporting us as individuals,” Mullins said. “They were supporting the idea that gays shouldn’t be discriminated against in public accommodations. We felt like the best way we could honor what they had done for us was to follow this through. It hasn’t always been the easy road, but I believe we’ve been on the right one.”
In his December ruling, administrative law judge Robert N. Spencer said offering the same services to gay couples as it would heterosexual couples did not violate the cake shop owner’s right to free speech or prevent him from exercising his religion.
The judge ordered the cake shop owner to “cease and desist” from discriminating against same-sex couples. He said the fact that Colorado does not recognize same-sex marriage does not excuse discrimination based on sexual orientation. Colorado allows civil unions.
“At first blush, it may seem reasonable that a private business should be able to refuse service to anyone it chooses,” the judge wrote. “This view, however, fails to take into account the cost to society and the hurt caused to persons who are denied service simply because of who they are.”
Spencer said the cake shop owner’s argument “would allow a business that served all races to nonetheless refuse to serve an interracial couple because of the business owner’s bias against interracial marriage.”
The conservative Christian organization Alliance Defending Freedom appealed the ruling in January by arguing that the government was “attempting to force Jack to violate his sincerely held religious beliefs and to compel him to speak a message that is contrary to his actual beliefs.”
Nicolle Martin, attorney for Masterpiece Cakeshop, called the ruling disappointing.
He we should have a choice too. If someone will not serve you go to an other bakery. He has that choice just like you. You want to be gay so quit rubbing it on us straight people’s face. Sounds like a one way street where we have to do what gay people say.
Not wanting to make WEDDING cakes for something that is against your Christian faith has nothing to do with discrimination. Remember the homosexual agenda is driven by the elite system who hates God and wants to exploit and use even the people who have made the choice of that lifestyle. It is sad but I always have hope that all of those people can find conviction in their hearts to change and become saved by God’s true grace and understand the real nature of a person is not to be gay at all.
I would bet that there is more than one bake shop in that town, why didn’t the fruits go to another one? this was a political statement and an anti-cristian statement only
Gay people love to create controversy, for their own benefit and agendas. Or why would anyone waste money and time wanting services from someone who doesn’t want to give you their services (cake in this instance). There are many bakeries where they could get their gay cake! Get over it!
As a business owner, we reserve the right to refuse service to whomever we wish
the only thing they need is fudge cakes
… Yeah— I’d make it for them: “but Id DARE THEM TO EAT IT!!!”
Screw the gay
1Corinthians 1:18 The message of the Cross is foolish to those who are headed for destruction! But we who are being saved know it is the very power of God!
If it’s not on the menu or in the catalog why should they??