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The U.S. Supreme Court today ruled in a Colorado discrimination case that bore striking parallels to a high-profile Oregon civil rights dispute.
In a 7-to-2 decision, the court found the Colorado Civil Rights Commission had violated the right to religious freedom of Jack Phillips, the owner of Masterpiece Cakeshop in Lakewood, Colo, who in 2012 refused to bake a wedding cake for a gay couple.
The court's decision, the New York Times reports, turned on the narrow question of whether the commission treated Phillips fairly, rather than addressing the broader question of discrimination against same-sex couples.
"Though the case was mostly litigated on free speech grounds, Justice Kennedy's opinion barely discussed the issue," the Times reported. "Instead, he focused on what he said were flaws in the proceedings before the Colorado Civil Rights Commission. Members of the commission, he wrote, had acted with "clear and impermissible hostility" to sincerely held religious beliefs."
The Colorado case preceded a similar case in Oregon that began in 2013. Both cases involved same-sex couples who wanted bakeries to make cakes for celebrations of same sex unions. In both cases, the owner of the bakery refused, sparking court battles.
In December 2017, the Oregon Court of Appeals upheld an earlier ruling by the Oregon Bureau of Labor and Industries that found that Aaron and Melissa Klein, the owners of a now-defunct Gresham bakery called Sweetcakes By Melissa, had illegally discriminated against Rachel and Laura Bowman-Cryer in 2013 when they refused to bake the couple a cake to celebrate their civil union.
Christine Lewis, a spokeswoman for Labor Commissioner Brad Avakian, says the agency is still sorting through today's ruling but believes it does not change anything in Oregon.
"BOLI is reviewing the decision closely and we remain committed to fair enforcement of Oregon's Equality Act and other anti-discrimination protections," Lewis said in a statement. "We're confident that our public accommodations rulings have been consistent with Oregon public accommodations law and the United States Constitution."
U.S. Sen. Jeff Merkley (D-Ore.), who last year co-sponsored legislation that would prohibit discrimination based on sexual orientation, said in a statement that today's decision highlights the need for unambiguous federal legal protections.
"Operating a business in the U.S. means having your door open to all," Merkley said. "No American should have to fear having that door slammed in their face based on who they are or whom they love. Today's ruling only underscores the importance of making full equality the law of the land nationwide. We need to pass the Equality Act to give clear and explicit non-discrimination protections in all areas of life to LGBTQ Americans everywhere."
Merkley's colleague, U.S. Sen. Ron Wyden (D-Ore.) echoed those sentiments.
"The only thing the Supreme Court's decision makes clear is that we must keep working to ensure our country does not slip back to the dark days when pure prejudice forced LGBTQ Americans to be afraid and to live in the shadows," Wyden said in a statement. "Discriminating against anybody because of how they look, who they love or who they are has no place in our country. Congress must act to protect the equal rights of LGBTQ Americans, starting with the clear statement that discrimination for any reason remains discrimination, period."