Questions as Framed for the Court by the Parties
??? Whether applying Colorado’s public-accommodation law to compel artists to create expression that violates their sincerely held religious beliefs about marriage violates the Free Speech or Free Exercise Clauses of the First Amendment.???
Facts
In July 2012, Respondents Charlie Craig and David Mullins visited Petitioner Masterpiece Cakeshop, a Colorado bakery, to request that its owner, Petitioner Jack Phillips, create a cake for their same-sex wedding. Craig v. Masterpiece Cakeshop, Inc. . Phillips declined their request, explaining that he would not make a custom wedding cake for them because of his Christian beliefs, but that he would be happy to sell them any other baked goods. Phillips is a practicing Christian, and has been so for approximately 35 years.. Craig’s mother called Phillips, and he informed her that Masterpiece Cakeshop did not create cakes for same-sex weddings due to his Christian beliefs and because the state of Colorado did not legalize same-sex marriage.
Craig and Mullins filed a claim against Masterpiece Cakeshop and Phillips (collectively “Masterpiece Cakeshop”) with Respondent Colorado Civil Rights Commission (“CCRC”), alleging that the bakery discriminated against them due to their sexual orientation in violation of the Colorado Anti-Discrimination Act (“CADA”). Under CADA, it is discriminatory to deny anyone “the full and equal enjoyment of the foods and services . . . of a place of public accommodation” based on protected characteristics, such as sexual orientation. Brief for Respondent, Colorado Civil Rights Commission at Colorado State Law: A “place of public accommodation” includes any “place of business engaged in any sales to the public.” Id. After investigating, the Colorado Civil Rights Division concluded that Craig and Mullins’s claims were supported by probable cause. Based on that finding, Craig and Mullins, as well as the Colorado Attorney General’s Office, filed with the Office of Administrative Courts alleging that Masterpiece Cakeshop violated CADA.
FEDERAL LAW: re: public accommodations:
All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.
operations affect commerce, or if discrimination or segregation by it is supported by State action:
facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;
(3)
any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and
(4)
any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.
??? Whether applying Colorado’s public-accommodation law to compel artists to create expression that violates their sincerely held religious beliefs about marriage violates the Free Speech or Free Exercise Clauses of the First Amendment.???
Facts
In July 2012, Respondents Charlie Craig and David Mullins visited Petitioner Masterpiece Cakeshop, a Colorado bakery, to request that its owner, Petitioner Jack Phillips, create a cake for their same-sex wedding. Craig v. Masterpiece Cakeshop, Inc. . Phillips declined their request, explaining that he would not make a custom wedding cake for them because of his Christian beliefs, but that he would be happy to sell them any other baked goods. Phillips is a practicing Christian, and has been so for approximately 35 years.. Craig’s mother called Phillips, and he informed her that Masterpiece Cakeshop did not create cakes for same-sex weddings due to his Christian beliefs and because the state of Colorado did not legalize same-sex marriage.
Craig and Mullins filed a claim against Masterpiece Cakeshop and Phillips (collectively “Masterpiece Cakeshop”) with Respondent Colorado Civil Rights Commission (“CCRC”), alleging that the bakery discriminated against them due to their sexual orientation in violation of the Colorado Anti-Discrimination Act (“CADA”). Under CADA, it is discriminatory to deny anyone “the full and equal enjoyment of the foods and services . . . of a place of public accommodation” based on protected characteristics, such as sexual orientation. Brief for Respondent, Colorado Civil Rights Commission at Colorado State Law: A “place of public accommodation” includes any “place of business engaged in any sales to the public.” Id. After investigating, the Colorado Civil Rights Division concluded that Craig and Mullins’s claims were supported by probable cause. Based on that finding, Craig and Mullins, as well as the Colorado Attorney General’s Office, filed with the Office of Administrative Courts alleging that Masterpiece Cakeshop violated CADA.
FEDERAL LAW: re: public accommodations:
All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.
operations affect commerce, or if discrimination or segregation by it is supported by State action:
facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;
(3)
any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and
(4)
any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.
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