David Mullins and Charlie Craig visited Masterpiece Cakeshop in July 2012, with Craig's mother, to order a cake for their upcoming wedding reception. Mullins and Craig planned to marry in Massachusetts and then celebrate with family and friends back home in Colorado. Masterpiece owner Jack Phillips informed them that because of his religious beliefs the store’s policy was to deny service to customers who wished to order baked goods to celebrate a same-sex couple’s wedding.
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.
The CCRD found probable cause that Phillips illegally discriminated against Mullins and Craig. In December 2013, Administrative Judge Robert Spencer of the Colorado Office of Administrative Courts issued a decision confirming that finding. Masterpiece Cakeshop appealed Spencer’s ruling to the Colorado Civil Rights Commission. The Commission discussed the matter at a public hearing on May 30, and issued a decision at a public hearing on May 30, 2014.
The Commission’s order affirmed previous determinations that Masterpiece’s refusal to sell Mullins and Craig a wedding cake constituted discrimination on the basis of sexual orientation in violation of Colorado law. The Commission also ordered Masterpiece Cakeshop to change its company policies, provide “comprehensive staff training” regarding public accommodations discrimination, and provide quarterly reports for the next two years regarding steps it has taken to come into compliance and whether it has turned away any prospective customers.
The Colorado Court of Appeals affirmed the order of the Civil Rights Commission. Craig v. Masterpiece Cakeshop, Inc., 370 P.3d 272 (Colo. App. Ct. 2015). The Colorado Supreme Court declined to hear the bakery's appeal, but the United States Supreme Court took the case. Oral argument was held on December 5, 2017. The Supreme Court issued its ruling on June 4, 2018. Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. 617 (2018). The Court ruled narrowly for the baker in this specific case while affirming the anti-discrmination principles for which the ACLU argued.
ACLU blogs and commentary:
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“A Wedding Cake For Fido & Fluffy But Not For Dave & Charlie?,” by Kiela Parks, ACLU of Colorado, June 4, 2013
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“In Colorado, Freedom should mean freedom for everyone,” by Charlie Craig, May 29, 2014
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“Half-baked complaint alleges discrimination where there is none,” by Amanda Goad, ACLU LGBT Project, January 23, 2015
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“A tale of two cakes: the real truth about Colorado’s cake wars,” by Nathan Woodliff-Stanley, Executive Director, ACLU of Colorado, April 9, 2015
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“Can businesses turn LGBT people away because of who they are? That’s up to the Supreme Court now,” by James Esseks, Director, ACLU LGBT & HIV Project, June 28, 2017
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“President Trump and Attorney General Sessions want to enshrine a business right to discriminate into the Constitution,” by James Esseks, Director, ACLU LGBT & HIV Project, September 11, 2017
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“The Masterpiece Cakeshop case: what you need to know,” Ria Tabacco Mar, October 24, 2017
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“In Masterpiece, the Bakery Wins the Battle but Loses the War,” by James Esseks, Director, ACLU LGBTQ & HIV Project, June 4, 2018
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“I represented the wedding cake couple. We lost a battle but won the war.,” By David Cole, ACLU National Legal Director, Washington Post Guest Opinion, June 4, 2018
ACLU news releases:
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“Hearing tomorrow in case of gay couple discriminated against by bakery,” ACLU News Release, May 29, 2014
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“Colorado Civil Rights Commission finds bakery discriminated against gay couple,” ACLU News Release, May 30, 2014
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“Masterpiece Cakeshop violated civil righs law by turning away gay couple, court rules,” ACLU News Release, August 13, 2015
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“State appeals court hears arguments in case of gay couple discriminated against by bakery,” ACLU News Release, July 7, 2015
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“Colorado Supreme Court refuses to hear case of bakery that turned away gay couple,” ACLU News Release, April 25, 2016
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“Supreme Court will hear Masterpiece Cakeshop discrimination case,” ACLU News Release, June 26, 2017
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“ACLU files brief at Supreme Court arguing that businesses open to public cannot discrminate against customers,” ACLU News Release, October 23, 2017
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“Business, Civil Rights, and Legal Voices File Briefs in Supreme Court, Defending Rights of Same-Sex Couple Discriminated Against by Business,” ACLU News Release, October 30, 2017
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“Supreme Court Hears Arguments in Case That Will Decide the Future of Anti-Discrimination Law,” ACLU News Release, December 5, 2017
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“Civil Rights Champions Call for a Decision for Equal Dignity under Law at the Supreme Court,” ACLU News Release, November 29, 2017
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“Supreme Court Upholds Basic Principles of Nondiscrimination, Reverses Colorado Civil Rights Commission Decision,” ACLU News Release, June 4, 2018
ACLU case number
2012-25
