Supreme Court Sides 7-2 With Baker Jack Phillips Who Refused Same-Sex Couple [FULL TEXT]
The Supreme Court ruled in favor of Colorado baker Jack Phillips, who refused for religious reasons to make a cake for a same-sex couple.
In the 7–2 ruling, the court decided that Phillips did not receive fair trial from the Colorado Civil Rights Commision and that it showed hostility toward religion in its treatment of the case. Justices Stephen Breyer and Elena Kagen, two of the court’s four liberals, joined the five conservative justices. Justices Ruth Bader Ginsberg and Sonia Sotomayor were the only dissenters in the ruling authored by Justice Anthony Kennedy.
BREAKING: US Supreme Court rules narrowly for Colorado baker who cited religious reasons for denying to make cake for same-sex wedding. pic.twitter.com/DHe68HPYy7
— NBC News (@NBCNews) June 4, 2018
“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 in services in an open market,” Kennedy wrote.
The case began in 2012 when David Mullins and Charlie Craig came to Masterpiece Cakeshop and asked Phillips to bake a cake to celebrate their upcoming wedding. Phillips refused on the basis of his Christian beliefs and allegedly offered to make the couple any other baked goods. Mullins and Craig filed a complaint with the Colorado Civil Rights Commission, which cited Colorado’s anti-discrimination law when ruling in their favor. Phillips took the case to the Colorado Court of Appeals and argued that his right to freedom of speech and free practice of religion was being violated, but the court stated that the anti-discrimination law, which 20 other states also uphold, is neutral and not infringing on his rights.
“I don’t believe that Jesus would have made a cake if he had been a baker,” Phillips told ABC’s The View. “I’m not judging these two gay men. I’m just trying to preserve my right as an artist to decide which artistic endeavors I’m going to do and which one’s I’m not.” Philips claimed to have lost 40 percent of his business when he stopped making wedding cakes for all couples following the commission’s initial decision.
The Trump administration intervened in the case, siding with Phillips.
The Supreme Court’s decision, which was made at the beginning of Pride Month, was very narrow and based only on the facts surrounding this specific case. It did not give indication as to how similar future cases should be handled.
“The 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 to in an open market,” Kennedy added.
Below is the full opinion.