Geoffrey R. Stone on Masterpiece Cakeshop

Masterpiece Cakeshop: Wedding Cakes, The First Amendment And The Supreme Court

Next week, the Supreme Court will hear arguments in the potentially landmark case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. The case involves the constitutionality, as applied to a specific factual situation, of the Colorado Antidiscrimination Act, which makes it unlawful for any business in Colorado to deny to any person, because of race, creed, color, sex, sexual orientation or national origin, the full and equal enjoyment of the business’ goods, services or facilities.

In this case, Jack Phillips, the owner of Masterpiece Cakeshop in Lakewood, Colorado, refused to sell a wedding cake to Charlie Craig and David Mullins, a same-sex couple. Phillips maintains that he cannot constitutionally be required to provide such a cake, because for the government to compel him to do so would violate both his freedom of speech and freedom of religion rights under the First Amendment.

On both of these claims, Phillips is wrong.

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