December 9, 2013

LGBT Legal Cases

On Friday, Judge Robert N. Spencer of the Colorado Office of Administrative Courts ruled that a bakery discriminated illegally against a same-sex couple on the basis of their sexual orientation when the bakery refused to make a wedding cake for the couple. The bakery declined to serve the couple outright, according to the decision, simply saying that they don’t make cakes for same-sex weddings. The bakery argued in filings that they weren’t denying the couple service on the basis of their sexual orientation, because two heterosexual people of the same sex could enter into a same-sex marriage, but the court called that “a distinction without a difference.”

The main ruling was based on Colorado’s longstanding public accommodations law (the opinion notes that the law is over 100 years old) although the bakery also challenged the initial ruling on the basis of the First Amendment, claims that were also rejected.

The ACLU of Colorado issued a press release:



“Being denied service by Masterpiece Cakeshop was offensive and dehumanizing especially in the midst of arranging what should be a joyful family celebration,” said Mullins. “No one should fear being turned away from a public business because of who they are. We are grateful to have the support of our community and our state, and we hope that today’s decision will help ensure that no one else will experience this kind of discrimination again in Colorado.” Longstanding Colorado state law prohibits public accommodations, including businesses such as Masterpiece Cakeshop, from refusing service based on factors such as race, sex, marital status or sexual orientation. Mullins and Craig filed complaints with the Colorado Civil Rights Division (CCRD) contending that Masterpiece had violated this law. Earlier this year, the CCRD ruled that Phillips illegally discriminated against Mullins and Craig. Today’s decision from Judge Robert N. Spencer of the Colorado Office of Administrative Courts affirms that finding. “While we all agree that religious freedom is important, no one’s religious beliefs make it acceptable to break the law by discriminating against prospective customers,” said Amanda C. Goad, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. “No one is asking Masterpiece’s owner to change his beliefs, but treating gay people differently because of who they are is discrimination plain and simple.”

The release also notes that the bakery owners have said they would provide a cake for the “marriage” of two dogs, but they’ve turned away other same-sex couples before this lawsuit. Think Progress has some excerpts from the opinion. And the opinion can be read in full here.

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