Supreme Court Provides an Important—But Limited—Win for Religious Liberty

In 2012, an expert baker and devout Christian named Jack Phillips told a same-sex couple that he could not create a custom cake for their wedding celebration because of his religious opposition to same-sex marriage. At the time, Colorado did not recognize same-sex marriage, and Phillips believed he was under no legal obligation to bake a special cake for the ceremony. However, he agreed that he would sell them other baked goods that did not require him to use his artistic talents in a way that violated his conscience.

The couple filed a charge with the Colorado Civil Rights Commission claiming that Phillips had violated the Colorado Anti-Discrimination Act, which prohibits discrimination based on sexual orientation in a “place of business engaged in any sales to the public and any place offering services . . . to the public.”

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