Oral arguments for a case involving a Denver-based, Christian baker are slated for December 5th of this year. The case tackles questions of religious liberty, expressive acts, and compelled speech. Two men, Charlie Craig and David Mullins, were planning their wedding and sought a wedding cake from Jack Phillips, the owner of Masterpiece Cakeshop. Phillips told the men that he could not make them a cake, citing his religious beliefs. The Colorado Civil Rights Commission determined that Phillips was discriminating against the gay couple on the basis of sexual orientation. Phillips was told to “cease and desist” such discrimination and was ordered to provide “remedial measures”. As a result, Phillips stopped offering custom cakes entirely.
The case deals with the important act of determining the religious liberties of persons while balancing the promotion of equality through anti-discriminatory laws. Furthermore, questions of free speech arise. Phillips considers his custom cakes an art and himself an artist. Phillips and many others see the “cease and desist” as a form of compelled speech, since he would be legally obligated to create art with a message he does not support.
Featuring:
Eric Rassbach, Deputy General Counsel, The Becket Fund
Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law

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