Masterpiece Cakeshop v. Colorado Civil Rights Commission
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''Masterpiece Cakeshop v. Colorado Civil Rights Commission'', 584 U.S. ___ (2018), was a case in the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
that dealt with whether owners of
public accommodations In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well ...
can refuse certain services based on the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
claims of
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been ...
and
free exercise of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
, and therefore be granted an exemption from laws ensuring
non-discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
in public accommodations—in particular, by refusing to provide creative services, such as making a custom
wedding cake A wedding cake is the traditional cake served at wedding receptions following dinner. In some parts of England, the wedding cake is served at a wedding breakfast; the 'wedding breakfast' does not mean the meal will be held in the morning, but at ...
for the marriage of a gay couple, on the basis of the owner's religious beliefs. The case dealt with Masterpiece Cakeshop, a bakery in Lakewood,
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
, which refused to design a custom wedding cake for a gay couple based on the owner's religious beliefs. The Colorado Civil Rights Commission evaluated the case under the state's
anti-discrimination law Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws ...
, the Colorado Anti-Discrimination Act. The commission found that the bakery had discriminated against the couple and issued specific orders for the bakery. Following appeals within the state, the Commission's decision against the bakery was affirmed, so the bakery took the case to the U.S. Supreme Court. In a 7–2 decision, the Court ruled on narrow grounds that the Commission did not employ religious neutrality, violating Masterpiece owner Jack Phillips's rights to free exercise, and reversed the Commission's decision. The Court did not rule on the broader intersection of anti-discrimination laws, free exercise of religion, and freedom of speech, due to the complications of the Commission's lack of religious neutrality.


Procedural history


Facts of the case

In 2012, same-sex couple Charlie Craig and David Mullins from
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
made plans to be lawfully married in
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
and return to Colorado to celebrate with their family and friends. At that time the state constitution prohibited same-sex marriage in Colorado, though by 2014 the state had allowed same-sex marriages, and the Supreme Court of the United States would affirm that gay couples have the fundamental right to marry in ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
'' . Craig and Mullins visited Masterpiece Cakeshop in
Lakewood, Colorado The City of Lakewood is the home rule municipality that is the most populous municipality in Jefferson County, Colorado, United States. The city population was 155,984 at the 2020 U.S. Census making Lakewood the fifth most populous city in Col ...
, in July 2012 to order a wedding cake for their return celebration. Masterpiece's owner Jack Phillips, who is a
Christian Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...
, declined their cake request, informing the couple that he did not create wedding cakes for marriages of gay couples owing to his Christian religious beliefs, although the couple could purchase other baked goods in the store. Craig and Mullins promptly left Masterpiece without discussing with Phillips any of the details of their wedding cake. The following day, Craig's mother, Deborah Munn, called Phillips, who advised her that Masterpiece did not make wedding cakes for the weddings of gay couples
Craig v. Masterpiece Cake Shop et al.
'', No. 14CA1351 (Colo. Ct. of App. August 13, 2015)
because of his religious beliefs and because Colorado did not recognize same-sex marriage at the time.


Colorado Civil Rights Commission

While another bakery provided a cake to the couple, Craig and Mullins filed a complaint to the Colorado Civil Rights Commission under the state's
public accommodations In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well ...
law, the Colorado Anti-Discrimination Act, which prohibits businesses open to the public from discriminating against their customers on the basis of race, religion, gender, or sexual orientation. Colorado is one of twenty-one U.S. states that include sexual orientation as a
protected class A protected group, protected class (US), or prohibited ground (Canada) is a category by which people qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connec ...
in their
anti-discrimination law Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws ...
s. Craig and Mullins's complaint resulted in a lawsuit, ''Craig v. Masterpiece Cakeshop''. The case was decided in favor of the plaintiffs; the cake shop was ordered not only to provide cakes to same-sex marriages, but to "change its company policies, provide 'comprehensive staff training' regarding public accommodations discrimination, and provide quarterly reports for the next two years regarding steps it has taken to come into compliance and whether it has turned away any prospective customers".


Colorado Court of Appeals

Masterpiece appealed the decision to the
Court of Appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
with the aid of
Alliance Defending Freedom Alliance Defending Freedom (ADF, formerly Alliance Defense Fund) is an American conservative Christian legal advocacy group that works to curtail rights for LGBTQ people; expand Christian practices within public schools and in government; and ...
, and refused to comply with the state's orders, instead opting to remove themselves from the wedding cake business; Phillips claimed that this decision cost him 40% of his business. Alongside the Colorado Civil Rights Commission, the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
represented Craig and Mullins during the appeals. The state's decision was upheld on the grounds that despite the nature of creating a custom cake, the act of making the cake was part of the expected conduct of Phillips's business, and not an expression of free speech nor free exercise of religion. The court distinguished its decision in ''Craig'' from another case, brought to the Commission by William Jack, in which three bakeries refused to create a cake for William Jack with the message "Homosexuality is a detestable sin. Leviticus 18:22", citing that in the latter, the bakeries had made other cakes for Christian customers and declined that order based on the offensive message rather than the customers' creed, whereas Masterpiece Cakeshop's refusal to provide Craig and Mullins with a wedding cake "was because of its opposition to same sex marriage which...is tantamount to discrimination on the basis of sexual orientation". The
Supreme Court of Colorado The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices. Powers and duties Appellate jurisdiction Discretionary appeals The Court p ...
declined to hear an appeal.


Before the Supreme Court


Petition for writ of certiorari

Masterpiece Cakeshop petitioned the U.S. Supreme Court for ''
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
'' (review), under the case name ''Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission'', of the following question: Both the Colorado Civil Rights Commission and the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(ACLU) urged the Supreme Court to reject the appeal, fearing that a Court decision in favor of the business would create a "gaping hole" in civil rights laws on the basis of religion. The final briefs at the certiorari stage were received in December 2016. The Court agreed to hear the case in the 2017 term and oral arguments were heard on December 5, 2017. In further filings, Masterpiece requested that the Colorado anti-discrimination law be reviewed by the Supreme Court under
strict scrutiny In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate th ...
. It further identified that while the state's law is to assure that same-sex couples had access to the same services as heterosexual couples, the law goes too far in its enforcement, since Craig and Mullins were easily able to obtain a wedding cake from a different vendor in the state. Masterpiece further believed the anti-discrimination law can be used to selectively discriminate against religion, as the Commission has allowed bakers to refuse to provide cakes with anti-same-sex marriage messages on them, even though the Commission said these refusals were appropriate due to the offensiveness of the messages and not on the basis of religion. The State and the ACLU countered these points, stating the law was aimed only at conduct of a business, not their speech, and in cases like a wedding cake, " oreasonable observer would understand the Company's provision of a cake to a gay couple as an expression of its approval of the customer's marriage". They further argued that the cakeshop could provide catchall language to explain that any services they provide do not endorse any expressions of free speech associated with it, an allowance within the anti-discrimination law.


Amicus briefs

Around 100 legal briefs were filed by third parties, roughly equally split in supporting either side of the case. Many civil rights organizations filed briefs in support of Craig and Mullins, including the NAACP Legal Defense Fund, the Lawyers' Committee for Civil Rights Under Law, Southern Poverty Law Center, the Washington Lawyers' Committee for Civil Rights and Urban Affairs, and the Civil Rights Forum, a group of plaintiff-side civil rights attorneys. The
National Women's Law Center The National Women's Law Center (NWLC) is a United States non-profit organization founded by Marcia Greenberger in 1972 and based in Washington, D.C. The Center advocates for women's rights and LGBTQ rights through litigation and policy initiati ...
argued in its amicus brief that just as the Court compared the effects of race and sexual discrimination in ''Roberts v. U.S. Jaycees'', it should compare those harms to those created by sexual-orientation discrimination in this case. Among those supporting Phillips included the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
under the
Trump administration Donald Trump's tenure as the List of presidents of the United States, 45th president of the United States began with Inauguration of Donald Trump, his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican Party ...
. While the Department asserts that anti-discrimination laws are necessary to prevent businesses that provide goods and services from discriminating, these laws cannot be used to compel a business into expressing speech they do not agree with, nor used to provide goods and services with such expressions without the ability for the business to assert they do not agree with those expressions. The brief was criticized by several organizations, including those that support
LGBT rights Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, , 33 ...
, claiming the brief as a pattern of hostile actions by the Trump administration and fearing that a decision in favor of Masterpiece would enable such businesses to have a "license to discriminate".


Oral arguments

Oral arguments for the plaintiffs were provided by Kristen Waggoner for the Alliance Defending Freedom, representing Phillips, and the
Solicitor General of the United States The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...
Noel Francisco Noel John Francisco (born August 21, 1969) is an American lawyer who served as Solicitor General of the United States from 2017 to 2020. He was the first Asian Americans, Asian American confirmed by the United States Senate to hold the position. ...
, presenting the federal government's case as amicus curiae in support of Masterpiece Cakeshop. The defendants' arguments were given by Colorado Solicitor General Frederick Yarger, on behalf of the Colorado Civil Rights Commission, and
David D. Cole David D. Cole is the National Legal Director of the American Civil Liberties Union (ACLU). Before joining the ACLU in July 2016, Cole was the Hon. George J. Mitchell Professor in Law and Public Policy at the Georgetown University Law Center from ...
of the ACLU, on behalf of Craig and Mullins. Questions asked by the Justices attempted to determine where the bounds of a cake baker's rights and the rights of those soliciting his services would extend by considering several hypothetical situations involving the making of and selling custom cakes, including situations related to racial and gender-preference discrimination. Experts believed the Supreme Court's opinions in the case would be divided, with the ultimate decision falling on the opinion of Justice Anthony Kennedy, who has historically been a swing vote in his term. In his past case history, he has been a strong supporter of gay rights (having authored all of the landmark gay rights rulings by the Supreme Court: ''
Romer v. Evans ''Romer v. Evans'', 517 U.S. 620 (1996), is a landmark United States Supreme Court case dealing with sexual orientation and state laws.. It was the first Supreme Court case to address gay rights since ''Bowers v. Hardwick'' (1986),. when the C ...
'' in 1996, ''
Lawrence v. Texas ''Lawrence v. Texas'', 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that most sanctions of criminal punishment for consensual, adult non- procreative sexual activity (commonly referred to as so ...
'' in 2003, ''
United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition o ...
'' in 2013, and ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
'' in 2015), and a corporation's freedom of speech in his majority opinion for ''
Citizens United v. FEC ''Citizens United v. Federal Election Commission'', 558 U.S. 310 (2010), was a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. It wa ...
'' , and freedom of religion through his concurrence with the majority in ''
Burwell v. Hobby Lobby Stores, Inc. ''Burwell v. Hobby Lobby Stores, Inc.'', 573 U.S. 682 (2014), is a List of landmark court decisions in the United States, landmark decision in United States corporate law by the Supreme Court of the United States, United States Supreme Court allow ...
'' .


Opinion of the Court


Majority opinion

The Court issued its ruling on June 4, 2018, ordering a reversal of the decision made by the Colorado Civil Rights Commission. The majority opinion was written by Justice
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
, and joined by Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including ''Nati ...
, and Justices
Samuel Alito Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has served ...
,
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and repl ...
,
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 10, 2010, and has served since August 7, 2010. Kagan ...
and
Neil Gorsuch Neil McGill Gorsuch ( ; born August 29, 1967) is an American lawyer and judge who serves as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on January 31, 2017, and has served since ...
. The opinion stated that although a baker, in his capacity as the owner of a business serving the public, "might have his right to the free exercise of his religion limited by generally applicable laws", nevertheless, a State decision in an adjudication "in which religious hostility on the part of the State itself" is a factor violates the "State's obligation of religious neutrality" under the Free Exercise Clause of the First Amendment to the Constitution. Kennedy's opinion stated that the Commission's review of Phillips's case exhibited hostility towards his religious views. The Commission compared Phillips's religious beliefs to defense of slavery or the
Holocaust The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; a ...
. Kennedy found such comparisons "inappropriate for a Commission charged with the solemn responsibility of fair and neutral enforcement of Colorado’s anti-discrimination law". Kennedy's opinion also cited the three exemptions the commission previously granted for the non-discrimination law arising from the William Jack complaints. The opinion also noted differences in handling previous exemptions as indicative of Commission hostility towards religious belief, rather than maintaining neutrality. Kennedy's opinion noted that he may have been inclined to rule in favor of the Commission if they had remained religiously neutral in their evaluation.


Concurring opinions

Justice Kagan wrote a concurring opinion, joined by Breyer, taking particular notice of the narrow grounds of the ruling. Justice Gorsuch also wrote a concurring opinion, joined by Alito. Both Kagan's and Gorsuch's concurrences considered how the Commission handled Masterpiece differently than prior exemption requests. Both agreed that the Commission exhibited hostility towards Phillips's religious beliefs and concurred with the reversal. Kagan cited as significant differences between prior Commission exemptions and the instant case. She posited the Commission could have ruled differently in the two situations if they had stayed religiously neutral. Gorsuch indicated the Commission should maintain consistency among similar cases. Justice
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 199 ...
wrote another opinion, concurring in part and concurring in judgment, joined by Gorsuch. Thomas found that the majority opinion did not consider the
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been ...
, free exercise or the anti-discrimination implications of the case, despite significant attention during oral arguments. Thomas opined support for Masterpiece, both on grounds of free speech and free exercise.


Dissenting opinions

Justice
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President ...
wrote the dissenting opinion, joined by Justice
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
. Ginsburg believed that the Commission acted fairly in evaluating the case, saying "what critically differentiates them is the role the customer’s 'statutorily protected trait,' played in the denial of service".


Analysis

The Court avoided ruling broadly on the intersection of anti-discrimination laws and rights to free exercise. Instead the court addressed both sides. State actors like the Colorado Civil Rights Commission on the one hand must ensure neutral and respectful consideration of claims for religious exemptions from anti-discrimination laws which are made by people who exercise their First Amendment right to free exercise of religion. However, this exemption won't apply broadly in the future because future disputes like the one in ''Masterpiece'' "must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market". The Supreme Court also specifically made it clear, on the other hand, that gay Americans are also entitled to strong defense rights. Justice Kennedy wrote: " e First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths. Nevertheless, while those religious and philosophical objections are protected, it is a general rule that such objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law." Kennedy's decision specifically noted the hostility towards Phillips made by the Commission as their reason to reverse the ruling, but because of the existence of this hostility in the current case, they could not rule on the broader issue regarding anti-discrimination law and the free exercise of religion. Kennedy stated that " e outcome of cases like this in other circumstances must await further elaboration in the courts, all in the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market". Kennedy's decision affirmed that there remains protection of same-sex couples and gay rights which states can still enforce through anti-discrimination laws, a point also agreed to by Ginsburg's dissent. The general constitutionality of anti-discrimination laws to prevent discrimination against sexual orientation affirmed by the ''Masterpiece'' decision was reflected in lower courts that same week, in a case decided by the Arizona Court of Appeals, ''Brush & Nib Studio v. Phoenix'', which upheld the city of
Phoenix Phoenix most often refers to: * Phoenix (mythology), a legendary bird from ancient Greek folklore * Phoenix, Arizona, a city in the United States Phoenix may also refer to: Mythology Greek mythological figures * Phoenix (son of Amyntor), a ...
's anti-discrimination ordinance that included sexual orientation. The Court of Appeals extensively quoted ''Masterpiece'' in affirming the
Arizona Superior Court The Superior Court of the State of Arizona is the Arizona state court of general jurisdiction. Jurisdiction The Constitution of Arizona provides the Superior Court with jurisdiction over: * concurrent jurisdiction over cases and proceedings in wh ...
's prior decision. The Alliance Defending Freedom, which represented Masterpiece, supported the Court's decision in finding that condemned the Commission's review of Phillips's case, stating that "Tolerance and respect for good-faith differences of opinion are essential in a society like ours". The American Civil Liberties Union welcomed the part of the decision affirming protection of gay rights, stating that the Court "reaffirmed its longstanding rule that states can prevent the harms of discrimination in the marketplace, including against L.G.B.T. people". The decision was also welcomed by the
NAACP Legal Defense and Educational Fund The NAACP Legal Defense and Educational Fund, Inc. (NAACP LDF, the Legal Defense Fund, or LDF) is a leading United States civil rights organization and law firm based in New York City. LDF is wholly independent and separate from the NAACP. Altho ...
. Sherrilyn Ifill, LDF's President and Director-Counsel, stated: "The narrow ruling ..is based on the universal principle that constitutional claims must be heard in every instance before a neutral tribunal. More important was the affirmation of eight Justices that discrimination in public accommodations enjoys no First Amendment protection. This principle has long been an essential piece of the civil rights movement and established anti-discrimination law. This is particularly important today, in 2018, when people of color are still experiencing persistent and widespread discrimination while they shop, eat, or access other public spaces." Another predominate case involving anti-discrimination laws and religious freedom that was in the court system during ''Masterpiece'' was the
Arlene's Flowers lawsuit The Arlene's Flowers lawsuit is a group of merged civil suits brought against Arlene's Flowers of Richland, Washington, US, by a couple whose longtime florist declined service of their same-sex wedding, represented by the American Civil Liberties Un ...
in Washington, with the issue over flower arrangements being provided for a same-sex wedding. Prior to the decision in ''Masterpiece'', a petition for writ of certiorari had been issued to the Supreme Court. Following the decision of ''Masterpiece'', the flower shop owner used that decision to assert that they were shown similar religious hostility, and requested their case to be reheard. On June 25, 2018, the Supreme Court dismissed the pending petition, and ordered that lower courts review the flower shop's case in a similar light as ''Masterpiece''. On review at the Washington State Supreme Court, the court ruled against Arlene's Flowers in June 2019 that there was no evidence of religious animus. Similarly, a case from Oregon, '' Klein v. Oregon Bureau of Labor and Industries'', had reached the Oregon Supreme Court before the Supreme Court heard ''Masterpiece''. The Oregon Supreme Court declined to overturn an anti-discrimination ruling made against a bakery by the Oregon Court of Appeals, with the baker petitioning the federal Supreme Court to hear the case. In June 2019, the Supreme Court granted certiorari, and in a summary judgement, vacated the Appeals Court ruling and required the case be heard again in light of the decision on ''Masterpiece''. ''Masterpiece''s basis of evaluating statements of public officials to determine if there was religious hostility in evaluating cases arose in Justice Sotomayor's dissent in ''
Trump v. Hawaii ''Trump v. Hawaii'', No. 17-965, 585 U.S. ___ (2018), was a landmark United States Supreme Court case involving Presidential Proclamation 9645 signed by President Donald Trump, which restricted travel into the United States by people from sever ...
'', , which dealt with President Trump's travel ban against several nations which had a high Muslim population. While the majority ruled that the ban was within the President's powers and sent the case back to lower courts to rule on other matters, Sotomayor believed that the decision of ''Masterpiece'' should have been used to judge President Trump and his administration's statements that she believed showed hostility towards Muslims and would have not justified the ban.


Subsequent events

Masterpiece Cakeshop became involved in a similar case in 2018, stemming from an incident in June 2017. The bakery refused to bake Autumn Scardina, a transgender woman and Colorado lawyer, a cake to celebrate her birthday, which would have had a pink interior and blue exterior. Phillips stated later that he refused to bake such a cake based on his Christian beliefs that a person does not get to choose their gender. Scardina complained to the Colorado Division of Civil Rights, which found in June 2018 sufficient evidence that the bakery discriminated against her transgender status, and ordered the parties into compulsory mediation. Phillips subsequently filed a lawsuit against the state in August 2018 to seek a permanent injunction to prevent the state from enforcing its anti-discrimination laws against him as well as punitive damages. Colorado Governor
John Hickenlooper John Wright Hickenlooper Jr. (; born February 7, 1952) is an American politician serving as the junior United States senator from Colorado since 2021. A member of the Democratic Party, he served as the 42nd governor of Colorado from 2011 to 20 ...
, who is named as a defendant in the suit, expects that the case will require the Supreme Court to revisit its decision from ''Masterpiece'', as the previous ruling "did not address the basic issue" of religious freedom. A federal judge refused to dismiss Phillip's suit in January 2019, though did agree to remove Hickenlooper from the suit due to him no longer being governor. In March 2019, the suit and countersuit between Phillips and the state were dropped, with the state believing that while the core issue on the intersection of discrimination against sexual orientation or gender identity and religious beliefs of service business remains in question, the specific case around Scardina was not the proper vehicle to answer those questions. The agreement allowed Scardina, should she want, to pursue her own civil action against Masterpiece. In June 2019, Scardina, represented by attorneys Paula Greisen and John McHugh, brought civil suit against Phillips in federal district court on the perceived discrimination. Greisen stated they felt the state did not represent Scardina's case well, thus taking action directly. Scardina brought a second lawsuit against Phillips in April 2020, waiting past the appeal deadline to file in a different court, for more than $100,000 in damages, fines, and attorney's fees. On June 15, 2021, Denver District Judge A. Bruce Jones ruled that Phillips had violated Colorado's anti-discrimination law by refusing to bake a cake for Scardina and ordered him to pay a fine of $500. The
Alliance Defending Freedom Alliance Defending Freedom (ADF, formerly Alliance Defense Fund) is an American conservative Christian legal advocacy group that works to curtail rights for LGBTQ people; expand Christian practices within public schools and in government; and ...
(ADF), the group representing Phillips, said it would appeal the ruling to the Colorado Supreme Court, which was heard in October 2022. The Supreme Court granted certiorari to '' 303 Creative LLC v. Elenis'' in February 2022, which again dealt with Colorado's anti-discrimination laws as they apply to public businesses. The case concerns a Christian
web designer Web design encompasses many different skills and disciplines in the production and maintenance of websites. The different areas of web design include web graphic design; user interface design (UI design); authoring, including standardised code an ...
who seeks to make wedding announcement websites for heterosexual couples only. She fears punishment under Colorado's anti-discrimination law and thus aims to block the law as a violation of her First Amendment rights.


See also

* '' Lee v Ashers Baking Company Ltd and others'', a similar case from the UK *
List of United States Supreme Court cases by the Roberts Court This is a partial chronological list of cases decided by the United States Supreme Court during the Roberts Court, the tenure of Chief Justice John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist ...
*
2017 term opinions of the Supreme Court of the United States The 2017 term of the Supreme Court of the United States began October 2, 2017, and concluded September 30, 2018. The table below illustrates which opinion was filed by each justice in each case and which justices joined each opinion.One decree in ...


References


Further reading

* * * * * *Tebbe, Nelson (2017).
Religious Freedom in an Egalitarian Age
'. Cambridge: Harvard University Press.


External links

*
Case page
at
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{{LGBT rights in the United States 2018 in United States case law American Civil Liberties Union litigation Discrimination against LGBT people in the United States Opposition to same-sex marriage LGBT in Colorado Refusal of work United States free exercise of religion case law United States Free Speech Clause case law United States LGBT rights case law United States Supreme Court cases United States Supreme Court cases of the Roberts Court Alliance Defending Freedom litigation 2018 in LGBT history