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Wedding Cakes: Court reaffirms Colorado’s anti-discrimination law

Monday, the Colorado Supreme Court declined to hear the appeal of an appellate court ruling that the owners of Masterpiece Cakeshop broke the law in refusing to sell a wedding cake to a same-sex couple in 2012. The amazing part is not that the Supreme Court had to get involved over a cake, but that anyone thought the case could go any other way.

This all began when David Mullins and Charlie Craig tried to buy a wedding cake from the Masterpiece Cakeshop in the Denver suburb of Lakewood. Mullins and Craig were planning to get married in Massachusetts but wanted their reception in Colorado. The store owner, Jack Phillips, refused citing his religious objection to same-sex marriage.

In 2013, an administrative law judge ruled that requiring Masterpiece Cakeshop to offer the same service to gay couples as heterosexual couples did not violate Phillips’ freedom of speech or religion. In 2014, the Colorado Civil Rights Commission agreed and ordered Phillips to submit quarterly reports for two years showing he was changing his discriminatory practices. Last August, the Colorado Court of Appeals unanimously upheld both the judge and the Civil Rights Commission. It was that ruling the high court declined to reconsider.

According to the Colorado Department of Regulatory Agencies, the law says: “Places of public accommodation include a restaurant, hospital, hotel, retail store and public transportation, among others. Prohibited discriminatory practices in places of public accommodation ... include these adverse actions: denial of service, terms and conditions, unequal treatment, failure to accommodate and retaliation. Protected classes for places of public accommodation are: race, color, disability, sex, sexual orientation (including transgender status), national origin/ancestry, creed, marital status and retaliation.”

A lunch counter cannot refuse to serve blacks. Country clubs cannot say “No Jews need apply.” Help wanted ads cannot rule out Irish, Chinese or any other ancestry. As a nation, we sorted out most of that 50 years ago.

And in the 21st century, a business open to the public must accommodate those in same-sex marriages. It is the law, and it is rather simple.



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