SCOTUS Same-Sex Cake Case: Colo. Politicians Respond

LAKEWOOD, CO -- Tuesday's Supreme Court arguments in the same-sex wedding cake case brought out the comments from Colorado politicians Tuesday. Candidates, Democrat and Republican, for various state offices issued statements and jumped in on social media to bring attention to their 2018 campaigns.

Colorado Attorney General Cynthia Coffman, a Republican, issued a statement Tuesday supporting the Colorado Court of Appeals, even though many GOP politicians sided with Lakewood baker Jack Phillips, who insisted his creation of a custom wedding cake was protected speech under the First Amendment. Coffman is running for governor in the 2018 Republican primary against a crowded field of GOP candidates.

“After a long and careful debate, Colorado’s legislature in 2008 decided to extend the LGBT community the very same legal protections we use to fight all forms of discrimination, whether based on race, sex, or a person’s faith," Coffman said in a statement. "One critical part of those protections is the idea that when people walk into a retail store that is open to the public, they are not turned away because of who they are. Our State and our Constitution has deep respect for the right of all people to follow their faith and speak their minds. But it would be a mistake in deciding this case to create new exceptions to anti-discrimination laws have never been applied to any other group of people. My office presented the Court with our strongest arguments, based on many years of established legal precedent, and I look forward to receiving its ruling.”

The 2012 case involves Lakewood baker Jack Phillips, who refused to create a custom wedding cake for a same-sex couple, claiming it would violate his religious principles. The Colorado Civil Rights Commission disciplined Phillips for discriminating against customers based on their sexual orientation. The Colorado Court of Appeals upheld the CCRC's ruling and the U.S. Supreme Court agreed to hear the case Tuesday. They will issue an opinion in a few months. More than 100 organizations filed amicus briefs for both sides.

Some local GOP lawmakers sided with Phillips, saying he had the right to practice his religion by abstaining from using his artistic skills to celebrate a marriage that violated his religious beliefs.

Former U.S. Rep. Tom Tancredo (R) — who just announced he is also running for governor — posted a Facebook video of himself with a T-Shirt supporting Masterpiece Cakeshop. He asserted that plaintiff couple Charlie Craig and David Mullins sought out the cake shop to bring a lawsuit when Phillips refused to make their cake. “I hope and pray that the Supreme Court will, in fact, reaffirm the concepts of individual liberty upon which this country was founded,” Tancredo said.

In general, Democrats running in the primary for Coffman's AG job (all of them lawyers) agreed with her support for the ruling of the Colorado Appeals Court.

“This case will have a wide-ranging impact, as it determines whether a business owner is allowed to refuse service to customers by simply claiming a justification under the First Amendment," candidate Michael Dougherty, a District Attorney in Jefferson Co., said in a statement." The stakes could not be higher when it comes to defending equal rights in our country. Should the Supreme Court overturn the Colorado Court of Appeals ruling it will have sanctioned discrimination. It is shameful that this principle continues to be tested – and it continues to remain critical that we have leaders who dispel racism, hate and bigotry. I am hopeful that the high court will sustain Colorado’s decision.”

"Let’s get something straight," State Rep. Joseph Salazar (another Democrat AG candidate) posted on Facebook. "First, when you start a business, you engage in commerce... with EVERYONE! You don’t get to pick and chose to whom you sell a cake. Don’t try to fall back on the First Amendment for the sole purpose of discriminating against people you just don’t like. Lastly, the United States Supreme Court needs to uphold this Colorado law because we are better than that! It’s 2017, folks! This is a precedent setting case!"

"The Masterpiece Bakery case is a critical opportunity for the Supreme Court to reaffirm our nation's commitment to equal treatment for all individuals, including gay and lesbian couples," Democrat AG candidate Phil Weiser said in a statement. " The principle that all Coloradans can expect to be served, regardless of their race, religion, gender, or sexual orientation, is a foundation of our civil rights law. To carve an exception into this principle would create a slippery slope that would undermine our commitment to equality and the continued progress towards equal treatment for LGBTQ individuals that began in the Romer v. Evans case decided in 1996 while I clerked for Justice Ginsburg."

Colorado Springs Rep. Doug Lamborn, a Republican, told Colorado Politics he supported the Masterpiece baker. “I support Jack 100 percent on this issue,” said Lamborn. “I believe the Constitution protects his right to refuse to use his artistic talents in a ceremony that he does not agree with religiously.”
If Phillips loses his Supreme Court case, “everyone’s freedom is at risk,” Lamborn said.

Meanwhile, U.S. Rep. Diana DeGette, whose constituents Mullins and Craig filed the original complaint, was happy to pose with them on Twitter and say the case was about "fighting to ensure businesses are #OpenToAll."

After speaking at a rally on their behalf, I was honored to meet my constituents David Mullins and Charlie Craig, who are at the heart of the #MasterpieceCakeshop case. I'm proud to represent these men who are fighting to ensure businesses are #OpenToAll. pic.twitter.com/NKWUa2I36X
— Rep. Diana DeGette (@RepDianaDeGette) December" class="redactor-linkify-object">https://twitter.com/RepDianaDe... 5, 2017

Image: U.S. Rep. Diana DeGette poses with constituents David Mullins and Charlie Craig who for whom a Lakewood baker refused to create a same-sex wedding cake. Image via Twitter