Charlie Craig and David Mullins visited Masterpiece Cake shop in Colorado and requested that its owner, Jack
Question:
Charlie Craig and David Mullins visited Masterpiece Cake shop in Colorado and requested that its owner, Jack Phillips, design and create a cake to celebrate their same sex wedding. Phillips declined, telling them that he does not create wedding cakes for same-sex weddings because of his religious beliefs. However, he advised them that he would be happy to make and sell them any other baked goods. (At that time, Colorado did not recognize same-sex marriages.)
The state’s civil rights commission ordered Masterpiece to cease discriminating against potential customers because of their sexual orientation in violation of the state’s anti discrimination law. Masterpiece contends that the commission’s cease and desist order compels speech in violation of the First Amendment by requiring it to create wedding cakes for same-sex weddings. It asserts that wedding cakes inherently convey a celebratory message about marriage and, therefore, the commission’s order unconstitutionally compels it to convey a celebratory message about same-sex marriage in conflict with its religious beliefs. Should the court overturn the commission’s order because it violates the bakery’s free speech rights? Explain.
Step by Step Answer:
Law for Business
ISBN: 978-1259722325
13th edition
Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards