Masterpiece Cakeshop v. Craig & David — Amicus Brief

admin Colorado Supreme Court, Constitutional Law

Today we filed an a brief in the Colorado Supreme Court urging it to review a decision of the Colorado Court of Appeals which had upheld a decision of the Colorado Civil Rights Commission penalizing the Christian bakery for refusing to bake a cake to be used in the celebration of a same sex marriage.

It is strange indeed that the people of Colorado had adopted in 2006 a constitutional amendment defining marriage as being between one man and one woman, and the state legislature had passed laws implementing that constitutional provision. but now other state laws were being interpreted to force a Christian business to participation in the celebration of that same type of unlawful marriage.

We explained that the lower court’s decision that the bakery refused to bake the cake was because of discrimination against homosexuals, when the reason as found by the Civil Rights Commission was the Bakery’s Christian business principles.

We also explained that the Commission’s order violated the bakery’s free exercise of religion.

Lastly, we explained that the lower court had erroneously applied the First Amendment through a misunderstanding of Supreme Court decisions barring “compelled” speech.

Link to brief