Supreme Court Sides With the Colorado Baker Who Turned Down Gay Couple

Supreme Court Sides With the Colorado Baker Who Turned Down Gay Couple

The Supreme Court has sided with the Colorado baker this week in the case that placed gay rights against claims of religious freedom. Leaving the question of whether or not a business can discriminate against LGBTQ based on rights that’re protected by the First Amendment.


The 7-2 decision stated that state commission violated the Constitution’s protection of religious freedom ruling against the baker, Jack Phillips, who had refused to create a custom wedding cake for a gay couple.

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The Supreme Court To Decide If Food Is Art in Masterpiece Cakeshop v. Colorado

The Supreme Court To Decide If Food Is Art in Masterpiece Cakeshop v. Colorado
  • The Issue: Does applying Colorado's public accommodations law the compel Masterpiece Cakeshop owner to create a product that violates his religious beliefs about marriage violate his freedom of speech protected under the first amendment?  

  • The Supreme Court's decision could have massive implications... 

 

Can the government force them to use their artistic ability to support something they do not? Does food as an artistic expression fall under your right to freedom of speech? Should businesses be held to a different standard as a service to their community?

The Supreme Court heard oral arguments yesterday in the Masterpiece Cakeshop v. The Colorado Civil Rights Commission. In 2012, a same-sex couple walked into Masterpiece Cakeshop with the intention of ordering a wedding cake. But the owner would not create the wedding cake, stating that it would be against his religious beliefs. He did state that he offered any other cake or product in the store, but he would not use his artistic ability to create a wedding cake for an inherently religious ceremony he did not believe in.

Aside from the freedom of religion argument, this case is asking another question: If a baker, a chef, or even a tailor, as Justice Gorsuch questioned, creates a product deemed a work of art, is it protected under free speech? If so, can they decide who they will serve and where do you draw the line?  

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