Skip to content
Deacon Keith Fournier Hi reader, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you. Help Now >

New rules for Colorado Civil Rights board after SCOTUS bakery case

Free World Class Education
FREE Catholic Classes

By CNA/EWTN News
5/25/2018 (1 year ago)
Catholic Online (https://www.catholic.org)

A new law will revise the Colorado Civil Rights Commission, after the commission gained attention when its decision in a free speech case involving a Christian cake baker was taken to the U.S. Supreme Court.

Denver, Colo. (CNA/EWTN News) - Before the Colorado law was changed, the governor was allowed to appoint all seven commission members, with no more than four being from the governor's own party.

The new law, signed by Colorado Gov. John Hickenlooper May 22, now limits the governor to appointing three Democrats, three Republicans and one unaffiliated as commissioners. Four members must be from classes protected by law, three members must be considered workers, and three member

The commission will now be subject to legislative audit as well. The new law says that if a commissioner has been rejected by the state senate, the governor cannot re-appoint him or her to the commission for a period of two years, the Denver Post reports.

The changes come following a February vote by Republicans on the Colorado legislature's Joint Budget Committee to withhold funding from the commission until legislative changes were made. The commission reviews allegations of discrimination and makes policy recommendations.

Colorado's Civil Rights Commission was involved in a case that is currently before the U.S. Supreme Court.

The case involves baker Jack Phillips of Masterpiece Cakes in the Denver suburb of Lakewood.

In 2012, Phillips was sued by a same-sex couple after he declined to make a wedding cake for them on the grounds that doing so would violate his religious beliefs. Phillips had offered to create a different cake for the couple. The couple was able to obtain a rainbow-themed cake from a bakery near Phillips' cake shop.

Colorado law did not recognize same-sex unions as marriages at the time.

The couple took the case before the Colorado Civil Rights Commission, which ruled that by declining to make the cake, the baker had violated the state's anti-discrimination law categorizing sexual orientation as a protected class.

In the commission's unanimous vote against the baker, then-Commissioner Diane Rice said: "Freedom of religion and religion has been used to justify all kinds of discrimination throughout history, whether it be slavery, whether it be the holocaust, whether it be -- I mean, we ... can list hundreds of situations where freedom of religion has been used to justify discrimination. And to me it is one of the most despicable pieces of rhetoric that people can use -- ...to use their religion to hurt others."

The lawsuit was decided in favor of the plaintiffs in 2013, and a Colorado judge ordered Phillips to receive anti-discrimination training and to serve same-sex weddings or stop serving weddings altogether.

He chose to stop serving weddings through his bakery, which he had opened in 1993.

Phillips lost appeals at the state level, and the Colorado Supreme Court declined to take the case. In June 2017, the U.S. Supreme Court agreed to hear the case, known as Masterpiece Cakeshop v. Colorado Civil Rights Commission.

Attorneys for the baker have argued that forcing Phillips to advance a message about marriage that is contrary to his faith violates the Constitution's protections for free speech.

In oral arguments in December 2017, U.S. Supreme Court Justice Anthony Kennedy had asked whether the commission decision could stand if at least one member based his or her decision "in significant part" on grounds of "hostility to religion."

Kennedy appeared critical of the commission, saying, "Tolerance is essential in a free society. And tolerance is most meaningful when it's mutual... It seems to me that the state in its position here has been neither tolerant nor respectful of Mr. Phillips' religious beliefs."

At the same time, the justice had wondered whether a victory for the plaintiff's argument would enable discrimination.

"It means that there's basically an ability to boycott gay marriages," said Kennedy, who is considered a swing vote in the case.

"If you prevail, could the bakery put a sign in its window, 'We do not make cakes for gay weddings'?" Kennedy asked Solicitor General Noel J. Francisco. "And you would not posit that an affront to the gay community?"

Francisco, who backed Phillips' case, suggested that the baker could say he does not make "custom-made wedding cakes for gay weddings, but most cakes would not cross that threshold." While there are dignity interests at stake, Francisco said, and he would not minimize the same-sex couple's dignity interests, "there are dignity interests on the other side here too."

Phillips declines to bake other kinds of cakes that promote ideas at odds with his beliefs, such as cakes that portray anti-American, atheist, or racist messages or disparage members of the LGBT community, his attorneys said. Phillips also declines to create custom cakes for other events he is uncomfortable supporting, such as Halloween and bachelor parties.

Since the litigation started, Phillips has said that he has lost more than 40 percent of his business due to his inability to serve any weddings. As a result, he has lost nearly half of his employees, and now struggles to keep in business.

He has also received death threats and has voiced concern for the safety of family members.

The U.S. Conference of Catholic Bishops filed an amicus curiae brief on behalf of Phillips.


Comments


More Politics & Policy

California wants priests to break seal of confession in fight against child sex abuse Watch

Image of Under a new law, Priests may be legally obligated to break the confessional seal in California.

Catholic priests in California could be required to break the seal of confession under a proposed law. The law, proposed by Sen. Jerry Hill ... continue reading


Alabama challenges Roe v. Wade with lifesaving abortion ban

Image of Alabama is prepared to challenge Roe v. Wade.

The Alabama House of Representatives has passed an abortion bill that would prosecute doctors who perform abortions. Doctors could face ... continue reading



Perilous US Legislation: Still a Civilized Nation?

Image of Is the US still a civilized nation?

In light of new infanticide laws recently enacted in NY and other states, one must ask: Is the US still a civilized nation? To the shock ... continue reading


Extreme Abortion Law: Celebrating Infanticide?

Image of

63 Million Babies KilledSince the passage of Roe vs Wade legalized abortion on demand in 1973, an appalling 63+ million babies have been ... continue reading


PART II: The New York Travesty: Life and Motherhood Begin at Conception

Image of

One can only wonder if proponents of The Reproductive Health Act abortion bill that was passed by the New York legislature on January 22nd, ... continue reading


Deacon Keith Fournier Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you. Help Now >

Never Miss any Updates!

Stay up to date with the latest news, information, and special offers.

Information
Learn about Catholic world

Catholic Online
Inform - Inspire - Ignite

Catholic Online Saints
Your saints explained

Catholic Online Prayers
Prayers for every need

Catholic Online Bible
Complete bible online

Catholic Online News
Your news Catholic eye

Daily Reading
Today's bible reading

Lent / Easter
Death & resurrection of Jesus

Advent / Christmas
Birth of Jesus

Rest of Catholic Online
All Catholic world we offer

Services
Products and services we offer

Catholic Online Shopping
Catholic medals, gifts & books

Advertise on Catholic Online
Your ads on catholic.org

Catholic Online Email
Email with Catholic feel

Education
Learn the Catholic way

Catholic Online School
Free Catholic education for all

Student Classes
K-12 & Adult Education Classes

Support Free Education
Tax deductible support Free education

Socials
Connect with us online

Catholic Online on Facebook
Catholic social network

Catholic Online on Twitter
Catholic Tweets

Catholic Online on YouTube
Enjoy our videos

Catholic Online on Instagram
Shared Catholic moments

Catholic Online on Pinterest
Catholic ideas style inspiration

Catholic Online Logo

Copyright 2019 Catholic Online. All materials contained on this site, whether written, audible or visual are the exclusive property of Catholic Online and are protected under U.S. and International copyright laws, © Copyright 2019 Catholic Online. Any unauthorized use, without prior written consent of Catholic Online is strictly forbidden and prohibited.

Catholic Online is a Project of Your Catholic Voice Foundation, a Not-for-Profit Corporation. Your Catholic Voice Foundation has been granted a recognition of tax exemption under Section 501(c)(3) of the Internal Revenue Code. Federal Tax Identification Number: 81-0596847. Your gift is tax-deductible as allowed by law.