public accommodations

In a 7-2 decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission the Supreme Court reversed a ruling against the owner of a cake shop who refused to create a wedding cake for a same-sex couple because of his religious beliefs. The Court concluded the cake maker was entitled to but did not experience a “neutral decisionmaker who [gave] full and fair consideration to his religious objection.” The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting Colorado.

Charlie Craig and Dave Mullins filed a complaint against Masterpiece Cakeshop claiming it violated Colorado's public accommodations law, which prohibits discrimination in public accommodations on the basis of sexual orientation, when it refused to create a wedding cake for them. The cake shop owner Jack Phillips explained:  “to create a wedding cake for an event that celebrates something that directly goes against the teachings of the Bible, would have been a personal endorsement and participation in the ceremony and relationship that they were entering into.”

In Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission the Supreme Court will decide whether Colorado's public accommodations law, which prohibits discrimination on the basis of sexual orientation, violates a cake artist’s First Amendment free speech and free exercise rights. The State and Local Legal Center (SLLC) filed an amicus brief supporting Colorado arguing that the Court should not create an exception to Colorado’s public accommodations law for wedding businesses. 

According to the National Council of State Legislatures, 21 other states have public accommodations laws that prohibit discrimination based on sexual orientation. Numerous local governments have adopted similar ordinances.