Colorado Cake Case and First Amendment Implications

Dec 1, 2017

On Tuesday, December 5, the U.S. Supreme Court will for the first time hear a case that pits the First Amendment Free Speech Clause against the LGBT “sexual orientation” law. The issue is whether the state can force a Colorado cake artist to use his artistic talents to create a wedding cake celebrating a same-sex ceremony. In other words, can the state force a private citizen to speak an expressive message in support of a same-sex ceremony?

Liberty Counsel filed an amicus brief in Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case that could have a wide impact regarding the clash between free speech and the LGBT agenda, including laws that add “sexual orientation” and “gender identity.” 

Jack Phillips, the owner of Masterpiece Cakeshop, represented by Alliance Defending Freedom, lost at every level after the Colorado Civil Rights Commission ruled he violated the state’s “sexual orientation” law by refusing to create an artistic cake for a same-sex ceremony. However, the same Colorado Civil Rights Commission allowed a homosexual baker to refuse to bake a cake with a Scripture verse. The U.S. Supreme Court agreed to hear the case and focused the question to the Free Speech Clause of the First Amendment. This ruling will have a broader implication than the Free Exercise of Religion Clause because free speech includes both secular and religious expression. 

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