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.
they can go some where else, the baker has freedom to sell his produck any way he chooses. id make the dam gulyest cake i could and say here
Time to use secret ingredient # 2 its that chocolate hmmm.
Really they want to force a baker to make cakes for gays. And I bet the gays will flood to his business to get cakes just because they can. Now who will be laughing all the way to the bank. What a bunch of idiots
You could always refuse. If you go to jail just because of this, it will show the world just how munch the American why of life has disappeared. Freedom is what we have always had. Where has it gone?? Obama and the DEMS have set in motion all of this in the name of good. Sad part is that they are only feeding there own egos. They stop putting our interest first. That only happens when it serves there agenda.
I believe in private enterprise. Since when can a judge tell the owner of a business who they have to sell their product to? Don’t businesses have rights too?
Next on the progressive agenda is to force churches to hire anyone on their staff regardless of religious beliefs and practices and then force ministers/priests to perform marriage ceremonies for any couple who asks regardless of sexual preference or number of spouses, etc. And any congregation/minister/priest who challenges the authority forcing the issue will put the precious “tax exempt” status in danger. The bottom like result will be religious freedom and convictions will become a thing of the past and tyranny will rule over all religions (except Islam probably) and our republic will have been deemed dead.
How come it strikes me that no matter what the Baker does @ this point…He ll never be able to make those “Sissy Marys” Happy? SELL,SELL,SELL. Then open under a new name..
This the problem I have with the queers, they want acceptance even if they have to force it. This is also a case of the government being to big.
I would move my bake shop to another state.
TO HELL WITH THEJUDE AND ALL FAGS