The Lakewood baker who, citing his religious beliefs, refused to make a wedding cake for a same-sex couple, is asking the Colorado Supreme Court to hear his case.
On Aug. 13, the Colorado Court of Appeals upheld and found that Masterpiece Cakeshop owner Jack Phillips in refusing to make a wedding cake for a same-sex couple.
In 2012, Charlie Craig and David Mullins were turned away by Phillips while trying to buy a custom wedding cake. Mullins and Craig planned to marry in Massachusetts and wanted a cake to celebrate in Colorado.
Phillips told the couple that he would not make them a wedding cake because of his religious beliefs.
The petition, filed by Phillips’ attorneys on Friday, asks the state’s high court to decide whether Phillips’ religious beliefs about marriage are being violated. They’re also asking the justices to consider whether forcing Phillips to create an “artistic expression” that is against his religious beliefs violates his free speech rights.
“From Masterpiece’s inception, he has integrated his faith and work,” Phillips’ attorneys wrote in the filing. “Phillips also honors God through his creative work by declining to use his artistic talents to design and create cakes that violate his religious beliefs.”
Colorado law bans discrimination in a public place on grounds of sexual orientation.
In December 2013, administrative law Judge Robert N. Spencer said offering the same services to gay couples as heterosexual couples did not violate Phillips’ rights to free speech nor does it prevent him from exercising his religion. Spencer from discriminating against same-sex couples.
Five months later, the state’s seven-member Civil Rights Commission went further and required Phillips to for two years showing he was working to change discriminatory practices. Phillips was also required to disclose the names of any clients who were turned away.
The appeals court’s ruling affirmed Spencer’s ruling and the Civil Rights Commission’s order. They found that the Colorado Anti-Discrimination Act does not compel the cake shop owner to endorse any religious views, but rather prohibits Phillips from discriminating against customers based on their sexual orientation.
Phillips’ attorneys are now asking the high court to overturn that ruling. Unlike the appeals court, the state’s Supreme Court selects which cases it wants to hear.
Jordan Steffen: 303-954-1794, jsteffen@denverpost.com or @jsteffendp
