Supreme Court takes on Colorado wedding cake controversy

The Supreme Court is taking on a new clash between gay rights and religion in a case about a wedding cake for a same-sex couple in Colorado.

The justices said Monday they will consider whether Jack Phillips, owner of the Masterpiece Cake Shop in Lakewood and opposed to same-sex marriage on religious grounds, could legally refuse to make a wedding cake for Charlie Craig and David Mullins in 2012.

“They left the store flipping me off and swearing at me out loud,” Phillips said. “I stopped making wedding cakes after that. It’s 40 percent of my business.”

The couple, represented by the American Civil Liberties Union, won at the Colorado Court of Appeals and the Colorado Civil Rights Commission.

“The law says you can’t discriminate against people in a certain number of categories — including sexual orientation and gender identity,” said Arash Jahanian of the ACLU.

But Phillips appealed, represented by Arizona-based Alliance Defending Freedom, and the Supreme Court could hear the case as early as this fall.

“I think the Supreme Court recognizes the stakes are very high, and we hope to persuade the court and ultimately prevail on the grounds that the First Amendment protects every artist,” said ADF attorney Nicolle Martin.

The case asks the high court to balance the religious rights of the baker against the couple’s right to equal treatment under the law. Similar disputes have popped up across the United States.

Public opinion about the case is mixed.

“I think I would have made the cake,” said Jason Richardson of Lakewood. “I’d feel uncomfortable but I also feel like I would understand the customer’s rights.”

Peggy Brennan, a cake store customer, disagreed.

“I’m Catholic and Republican, so I can’t support gay marriage,” she said. “Business owners have a right to run their businesses the way they choose.”

Phillips didn’t get much work done Monday between granting news interviews and receiving a steady stream of support — including from one man who donated several hundred dollars for Phillips’ legal expenses.

The decision to take on the case reflects renewed energy among the court’s conservative justices, whose ranks have recently been bolstered by the addition of Justice Neil Gorsuch to the high court.

Some legal experts believe Gorsuch could cast a swing vote because he has a history of supporting religious beliefs.