A case that tests the boundaries of religious freedom and gay rights is heading to the Colorado Supreme Court, with a suburban Denver baker urging the justices not to force him to make cakes for same-sex couples because it would violate his beliefs.
The case underscores how the already simmering tension between religious-freedom advocates and gay-rights supporters is likely to become more heated in the aftermath of the U.S. Supreme Court’s landmark ruling this summer that legalized same-sex marriage nationwide.
In recent years, the Colorado case and others like it in other states have ignited a passionate debate over whether individuals can cite their beliefs as a basis for declining to participate in a same-sex wedding ceremony.
Recently, the owners of a Portland, Oregon-area bakery that declined to make a wedding cake for a gay couple two years ago were ordered to pay $135,000 in damages. Two years ago, the New Mexico Supreme Court ruled that a photographer who wouldn’t take pictures of a gay couple’s 2006 commitment ceremony violated the state’s anti-discrimination law.
In Washington state, a florist has been fighting a lawsuit filed after she refused to provide services for a gay wedding in 2013.
At the center of the Colorado case are baker Jack Phillips, owner of Lakewood’s Masterpiece Cakeshop, and Charlie Craig and David Mullins, who were married in Massachusetts and demanded a wedding cake to celebrate in Colorado.
Phillips said he has no problem serving gay people at his store, but he says that making a wedding cake for a same-sex wedding would violate his Christian beliefs.
In December 2013, a judge for the commission ruled that Phillips discriminated against the couple and ordered him to change his store policy against making cakes for gay weddings or face fines.
Phillips appealed the ruling. He has stopped making wedding cakes entirely out of fear that he’ll violate the order that he make them for everyone, his attorneys said.
One of his attorneys, Jeremy Tedesco, argued his client should be protected by the First Amendment and that he shouldn’t be forced to express something he doesn’t believe.
“Mr. Phillips has the same First Amendment right as the cake artist who doesn’t want to create a Confederate Flag cake,” Tedesco said.
He told reporters in July that he doesn’t regret his decision to decline baking a cake for Craig and Mullins.
Nicolle Martin, who also represents Phillips, said, “Because certain pressures are going to be placed on all people of faith, all freedom-loving Americans are going to be faced with this issue at one point or another.”
The Associated Press contributed to this article