Saturday December 15, 2018
Red State Dems Colorado

Colorado judge: Cake baker discriminated against gay couple

“Longstanding Colorado state law prohibits… businesses to refuse service based on factors such as race, sex, marital status or sexual orientation,” wrote the ACLU, who represented the couple, David Mullins and Charlie Craig. “Earlier this year, the Colorado Civil Rights Division found that Phillips illegally discriminated… and today’s decision affirms that finding.”

His lawyer, Nicolle Martin, argued that forcing Phillips to bake a cake intended to celebrate gay marriage would be forcing him to speak on a subject on which he’d prefer to remain silent.

Judge Spencer disagreed:

“The act of preparing a cake is simply not ‘speech’ warranting First Amendment protection. Even if Respondents could make a legitimate claim that [the anti-discrimination law] impacts their right to free speech, such impact is plainly incidental to the state’s legitimate regulation of discriminatory conduct and thus permissible.”

“To excuse all religiously motivated conduct from state control would ‘permit every citizen to become a law unto himself.’”

Read the full article at The Colorado Independent 


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