October 6, 2017 at 10:32 pm EST | by Chris Johnson
Supreme Court sets gay wedding cake arguments for Dec. 5
right to wed, gay news, Washington Blade

The Supreme Court has scheduled gay wedding cake arguments for Dec. 5. (Photo by Bigstock)

The U.S. Supreme Court has set Dec. 5 as the day for oral arguments on whether a Colorado baker has a First Amendment right to refuse to make wedding cakes for same-sex couples over religious objections.

The high court announced Friday the case, known as Masterpiece Cakeshop v. Colorado Civil Rights Commission, will be the first of two arguments on that day.

Consideration of the case will mark the return of the U.S. Supreme Court to the issue of LGBT rights in the first major way since its milestone 2015 decision in favor of marriage equality nationwide.

The case has been percolating in state and federal court for years. It came about after Jack Phillips, the owner of Masterpiece Cakeshop, refused to make a wedding cake for Charlie Craig and David Mullins, a Colorado same-sex couple, in 2012 foe their wedding in Massachusetts. Phillips refused the wedding cake based on his religious beliefs, but said he would be happy to make and sell the couple other baked goods.

In 2013, the American Civil Liberties Union and the ACLU of Colorado filed a lawsuit on behalf of the couple, alleging the bakery discriminated on the basis of sexual orientation under Colorado state law.

An administrative judge ruled in favor of the same-sex couple — a decision the Colorado Court of Appeals upheld in 2015. Although the Colorado Supreme Court had declined to review these decisions and let them stand, the U.S. Supreme Court granted a writ of certiorari, or agreed to take up the case, in June.

The U.S. Justice Department has already weighed in on the case, siding with the Colorado baker in a friend-of-the-court brief on the basis that baking a wedding cake is inherently an act of expression and therefore refusing to same-sex couples is a protected right under the First Amendment.

Chris Johnson is Chief Political & White House Reporter for the Washington Blade. Johnson attends the daily White House press briefings and is a member of the White House Correspondents' Association. Follow Chris

  • Larry W. Jones

    When I first moved to Lawton, OK, there were signs all over downtown reading “No ni–rs, soldiers, or dogs allowed.” The Commanding General of the nearby Army post made no public statement; he merely paid every soldier and civilian employee in two-dollar bills instead of checks next pay day. Once the city was absolutely awash in two-dollar bills, the signs all disappeared. When the Supreme Court ruled on same-sex marriage in 2015, the next wedding in the post chapel was that of two same-gender soldiers in uniform. I am proud to have worked for the U.S. Army at Fort Sill and absolutely happy to still live in this city.

  • usorthem3

    I ask every new business I enter if the owners are christian & if answer yes, I leave letting them know I could not do commerce with THOSE kind of people. If christians want to only serve christians, they should post it at the door and let Free Market decide but they won’t because it will cost them their “god”, money.

    • Kemwit Tall Tree

      Not all Christians feel the same way about gay people. You don’t want to be pre-judged for who you are or your beliefs, but find it ok to do the same too others?

      People’s hearts and minds can be won over with persuasive dialogue. We don’t need to become monsters when fighting monsters.

      • lnm3921

        BS! Try selling that to Tony Perkins or Peter Sprigg of the Family Research Council or Pat Robertson and see where you get! Tell it to “pastor” Richard Anderson who said Pulse was a good thing! Die-hard right-wing conservative christians NEVER compromise on their “faith”! They judge GLBT without impunity!

        Obviously not all christians feel like them like the United Church of Christ or Gay-Faith based organizations but they aren’t what we need to worry about. It’s the organizations like FRC and individuals like Anderson that have dedicated themselves to destroy our community. It’s the breed of extreme right-wing Republican politicians like Roy Moore with an agenda against us. They are organized politically and thanks to your Fake POTUS and AG Sessions, have even more support behind their crusade! Thanks to them trying to undermine the enforcement of the Johnson Amendment, they will now use an unfair tax advantage to organize and promote their anti-GLBT agenda politically like through Roy Moore of Alabama if they get him into Congress!

        You just blind yourself to the realities of the onslaught against the GLBT community thanks to your Fake POTUS’ administration. You’re such a naive arrogant little Jenny come lately! You have no idea what you are talking about and no clue what we are up against!

        • Kemwit Tall Tree

          Speaking of monsters – INM just showed up!

          The difference between you and me is that I look at people as individuals and all you see are groups of people. Identity Politics run amok and turned into negativity.

          It’s sad that you are such a bitter pill about life, spreading all of your leftist toxicity for the world to see.

          Your comments remind me of a book by Roger Scruton called “Fools, Frauds and Firebrands”. I think a good insight about your psyche.

          • lnm3921

            the Fake potus is the monster but you’re too blind to see it!

            The difference between us, and there are many, is that you are a putz who thinks he knows it all when you really know squat! Walk into the FRC in downtown d.c. and tell them you are a gay Christian with a male spouse and see how far you get! These people don’t have hearts let alone sane minds to change! Their ideas on homosexuality and abortion are not open to negotiation! Try it at the next values summit!

            Reality bites and experience will teach you the bitter pill you Yelp! Go get deloused!

          • Kemwit Tall Tree

            LOL..Why would I go to a place like the FRC? They don’t represent the entirety of Christians…and even Evangelicals You take extreme examples and try to present them as the norm….

            I don’t hear you saying the same thing about Muslim hatred of gays (which is mainstream)….or Orthodox Jewish hatred of gays…What a putz you are Imn!

            Your real agenda isn’t gay rights….it’s Leftist propaganda!

          • lnm3921

            Why would you go to FRC? Because if you really can change hearts and minds, put your money where you mouth is and do something that counts! FRC is the enemy, promoting a well financed campaign against the LGBT community! They support your Fake POTUS, Trump and Perkins are friends, and Perkins influences his agenda against us including the anti-GLBT initiatives that Session is promoting!

            Name me a Muslim or Jewish organization with the same political clout in America and influence as FRC that is promoting an anti-GLBT agenda you moron!

            You’re simply a clueless idiot that thinks he knows something but really knows squat! A clown like Miss Milo who goes around undermining GLBT rights and is used as a token to promote an anti-GBLT agenda! You’re a right-wing puppet, a hack, pushing right-wing propaganda! Who do you think you are kidding?!

            The right-wing NEVER promotes GLBT rights! They oppose them and always have historically! All the anti-GLBT legislation we see is always backed by a Republican!

          • lnm3921

            FRC and organizations like it are dedicated to opposing glbt rights! The same as the right wing Christian organization the center for law and Justice Which not only opposes glbt rights in court but also represents the fake potus!

            Tell me who your friends are and i’ll Tell you who you are! These people don’t play nice and you won’t be changing their tin man hearts or scarecrow brains!

            Get hip Dorothy! You’re not in oz anymore! It’s getting tiresome to always have to change your diapers!

          • Kemwit Tall Tree

            You paint all Christians with one broad negative brush. That is an example of bigotry itself.

            Imn – you are simply an anti Christian bigot. What a toxic and unpleasant person you are for the world to see.

            I can only hope that one day you move out of the hate!

          • lnm3921

            Did I say all Christians stupid? I made it quite clear in a post here that “NOT ALL CHRISTIANS” such as the United Church of Christ is accepting along with gay christian based churches!

            But like everything else including Trump’s support of those christian conservative organizations that oppose GLBT rights like the FRC, he’s friends with Tony Perkins, and people like Pat Robertson, you completely don’t see! You don’t see that the American Center for Law and Justice that are on Trump’s legal team also happen to be on the forefront of opposing GLBT rights!

            I’m a toxic person for the world to see when you showed absolutely no empathy for the gay men who died of AIDS during the Reagan administration saying they “should have kept it in their pants”! That’s what you said! You’re evil to say that of your fellow gay men and simply callous and arrogant to look down on people you’ve never known! You’re a a blatant example of a self-righteous sanctimoneous blowhard! You have absolutely no credibility after that statement! You’re filth and a leech! You calling yourself gay cheapens it for the rest of us!

          • Kemwit Tall Tree

            Haters gonna hate and that’s what you like to do!

            You blame Ronald Reagan for gay men getting AIDS back in the 1980’s? – That’s a joke! Risky and unprotected sexual behavior is how they contracted HIV and then developed AIDS. Reagan had nothing to do with it!

            Get your head out of the clouds Shirley!

          • lnm3921

            You’re a joke! He didn’t cause gay men to get AIDS, he ignored the AIDS crises preaching abstinence which is ridiculous! Under Gary Bauer, his public policy chief, he would do nothing to lead the call to have Congress fund research into identifying the cause of it or finding a cure!

            A POTUS leads, he failed! If Reagan had acted immediately, rather than do nothing in 8 years in office, AIDS would have been curtailed and not be a global pandemic! Bottom line A-hole is you show no compassion for gay men who died of AIDS!

          • Kemwit Tall Tree

            What about Tip O’Neill or Teddy Kennedy, Mayor Koch? You seem to think there were only Republicans in power back in those days. What did Democrat mayor Ed Koch do in NYC for gay men with AIDS? Nothing and he was GAY!!!!!!!!!

          • lnm3921

            You continue to try and deflect the fact that you don’t care about the many gay men who died of AIDS! You are a hateful sanctimonious hypocrite who speaks about compassion when you have none for your fellow gay men! You like the typical christian conservative simply chuck it up to being something they deserved because of their sexual behavior! I have no respect for you and NEVER will!

            Gay men had to take matters into their own hands through groups like ACT UP otherwise they would still be dying because of callous religious conservatives! I hate you more than most of your ilk! Many fine people died needlessly because the government would do nothing to fund research to save them! It stinks people like you are here instead of them!

  • lnm3921

    This is what you can expect from the administration of the Fake POTUS, through his right-wing etremist AG, to oppose GLBT freedom and equality under the law! If they can deny a gay couple a wedding cake, why not housing, a job opportunity, or a room at a hotel? Where does it end? Nowhere. You would be navigating a mind field! It’s a slippery slope!

    Trump consistent fails and assaults the GLBT community! Enough of your blind support for this a-hole! Wake up! It’s only going to get worse!

  • Ironhorse

    Jack Phillips, the owner of Masterpiece Cakeshop, did not refuse to make a
    wedding cake for Charlie Craig and David Mullins, a Colorado same-sex
    couple, he refused to decorate a cake in a same-sex theme. May Divine Intervention be bestowed on behalf of Jack Phillips along with anyone’s protected right under the First Amendment.

  • Carl

    This is the year of 500th anniversary of the reformation in Europe. Folks came to the USA to get away from government religion. That is why our framers of our constitution stated very plainly, (separation of church and state). The judges on the high court all know what that means, and they all promised to follow our constitution, now how will they vote. Will freedom of religion prevail or will the supreme court cave on this important issue. (America at the crossroad.)

  • worldemoc

    Will the Government Control ALL Business ? The Basis of Trade is the ‘Consensual’ Agreement of ‘BOTH’ Parties; On Every Incident !!
    To say Religious Beliefs do Not Matter in the United States is the First Step to a Dictatorship based on Someone’s Religion. Everyone in America has the Right to do Business without breaking their own Religious Principles . Would you Require Jewish or Muslim eateries to sell Shredded Pork ???
    Do you think that’s Important ? The Free Market WILL have Homosexual Businesses open for Homosexual Users as the Market ALLOWS !! Or, maybe their Moms will Bake them a Cake or Take their Photos, etc. in the meantime !

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