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Decision on Colorado cake case could come down this week

Posted: 1:17 PM, May 29, 2018
Updated: 2018-05-29 15:17:31-04

The United States Supreme Court could issue a ruling this week on the case of a Denver-area baker who refused to make a wedding cake for a gay couple.

The question at the center of the case is: Is a cake considered free speech?

The baker said making a wedding cake for the gay couple would go against his religious beliefs. His lawyer argued that providing the cake was the same as standing in the ceremony, saying "I agree with this union."

David Mullins and Charlie Craig, the same-sex couple denied the cake in 2012, say this has never been about a cake, and this is not about weddings. This is about freedom.

However, baker Jack Phillips’ attorneys argue that his cakes are artistic expressions, speech protected by the First Amendment, and he should not be forced to create something for an event to which he is deeply opposed.

The court’s critical swing vote, Justice Anthony Kennedy, asked whether this would open the door for stores to post signs saying "no cakes for gay weddings" but was also concerned about protecting Phillips’ religious rights.

How the court rules in the case could indicate future decisions on exceptions to anti-discrimintation laws. Previously the Supreme Court has refused to make distinctions based on race and sex.

This isn’t the only case were small businesses who oppose same-sex marriage have refused services.