The Supreme Court Case About The Cakeshop Refusing Gay Customers (Spoiler Alert: It Doesn't Really Have Anything To Do With Cake)

Written by Christianna Silva

A case is headed to the Supreme Court in December that centers around Jack Phillips, the owner of the Colorado-based Masterpiece Cakeshop, who refused to make a cake for a same-sex wedding. But the case doesn’t actually have anything to do with cake—it’s rather an issue that hangs on the line between free speech and discrimination.

Phillips argues his cakes are art, and as such he shouldn’t be forced to make it for anyone he doesn’t want to—including David Mullins and Charlie Craig, who claim that Phillips was discriminating against them because they are gay. But Colorado’s anti-discrimination law says he can’t refuse his service to someone because of their sexual orientation or gender identity.

But the American Civil Liberties Union (ACLU) attorneys representing the couple don't concur. “For example, hair salons, tailors, restaurants, architecture firms, florists, jewelers, theaters and dance schools use artistic skills when serving customers or clients,” the ACLU argued in its briefs. Lambda Legal and more than a dozen organizations agree with the ACLU and have submitted their own friend-of-the-court briefs. READ MORE


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