Baker can refuse to make custom cake for same-sex wedding

US Supreme Court says Colorado baker who refused to condone a same-sex wedding not guilty of discrimination.

Gary Willig ,

US Supreme Court
US Supreme Court

The US Supreme Court on Monday ruled by a majority of 7-2 that a Christian baker who refused to create a custom wedding cake for a same-sex marriage was not guilty of discrimination.

Justice Anthony Kennedy wrote the majority opinion criticizing the bias of a civil rights commission against Colorado baker Jack Phillips over his religious objections to creating custom cakes for same-sex weddings.

"The outcome of cases like this in other circumstances must await further elaboration in the courts," Justice Kennedy wrote. "These disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market."

According to the court's decision, Phillips did not violate Colorado's anti-discrimination laws.

Two liberal justices, Stephen Breyer and Elena Kagan, voted with the majority. Justices Ruth Bader Ginsburg and Sonia Sotomayor cast the dissenting votes.

The case began five years ago when Phillips, the owner of Masterpiece Bakeshop, was asked by Charlie Craig and David Mullins to create a custom cake for their wedding. When Phillips refused, citing his religious beliefs, they sued him.

The case rose through the court system until it made its way to the Supreme Court.