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.
This is why people spit in your food…lmao
Most retail businesses used to post signs stating that they reserved the right to refuse business to anyone. Has that right been revoked?
He should sell his business to one of them !!!!!!!!!!!!!!!!!
Businesses discriminate against gun owners and refuse service to them all the time! It’s one of the last groups of people it’s acceptable to discriminate against. But, we gun owners simply go to another business! Cakes aren’t in the Constitution. Religious freedom and guns are however. So that kinda make you think what is going wrong with this country… “We at the ACLU very much support religious freedom, but religious freedom doesn’t mean that somebody who has a business has the right to discriminate against members of the public who want to patronize the business”. Well in that case, the ACLU as well as ANY AND ALL Judges should support the second amendment, and when someone brings a case against a business for discriminating against them simply because they are exercising a constitutional right, they better show the same enthusiasm! But, it seems as though the ACLU picks it’s legal battles based on agenda. But just about any business reserve the right to refuse service to anyone. So with that said, I will stand with the baker. The judge should be thrown off the bench and jailed. The people should have no legal leg to stand on.
Our justice system is run by Obama and liberals so what’s new
Listen you can be gay if you want you will be judge by God in the end, read the bible leave that christian baker alone your trying to prove something self fish gay people if you want to suck a dick or eat $#%&!@* then do it leave that christian man alone or be decent go somewhere else for your cake your just proving that gays have no good sense or respect and that makes you different
Businesses have always had the right to refuse service.
What??!!! There’s only one baker in Colorado!!! Jeez!!!
i would bake it but they might not want to eat it….
Unbelieveable!