Supreme Court Hears Case Of Baker Who Turned Away Gay Couple

WASHINGTON, DC -- They started lining up more than 24 hours early to hear arguments about a food fight. Dozens of people with warm clothes and sleeping bags prepared to spend the night outside the Supreme Court to make sure they'll be inside when the high court hears the case of a Colorado baker who refused to make a cake for the wedding of a gay couple.

It will be the first major gay rights case before the court since justices ruled two years ago that gay couples have the right to marry.

• Update from The Washington Post

The case goes back to 2012 when David Mullins and Charlie Craig, preparing for their wedding, walked into Masterpiece Cakeshop in Lakewood to get a wedding cake.

Owner Jack Phillips said no.

He explained that his religious beliefs prevented him from making a cake for a gay wedding; he didn't want to be seen as doing anything that would condone same-sex marriage.

The couple complained of discrimination to the state's civil rights commission, which sided in their favor. The commission cited Colorado's anti-discrimination law, which was first passed in 1885 to guarantee that blacks could not be denied service and has since been amended several times to extend the protections against discrimination based on ancestry, color, gender, and religion. Ten years ago it was amended again to include sexual orientation as a protected class.

Phillips sued, saying that his cakes are a form of expression.

And lost.

He appealed to the state court of appeals.

And lost again.

He then appealed to the Colorado Supreme Court.

And the court didn't want to hear it.

The United States Supreme Court, however, said they would hear the case, setting up the showdown on Tuesday.

The case has national implications.

Nearly 20 states have laws similar to Colorado's and if the court rules in favor of Phillips, it would open the door for people to begin chipping away that those protections.

In September, Phillips received some high profile help when the Justice Department filed a brief on his behalf.

The Justice Department agreed with Phillips's assertion that his cakes are a form of artistic expression and that he can't be forced to use his talent for something that goes against his beliefs.

Colorado disagrees, saying in a filing with the Supreme Court that its anti-discrimination law was amended "in light of a long history of discrimination against gay people, both nationwide and in Colorado specifically, and in recognition of the fact that sexual-orientation discrimination remains a serious problem."

While the arguments will be heard on Tuesday, it will likely be months before a decision is issued.

Photo of people lined up outside the Supreme Court via Jacquelyn Martin/AP Photo.