Masterpiece Cakeshop v. Colorado Civil Rights Commission
What's at Stake
Whether a business open to the public has a constitutional right to discriminate.
Summary
David Mullins and Charlie Craig visited Masterpiece Cakeshop in July 2012, with Charlie’s mother, to order a cake for their upcoming wedding reception. Dave and Charlie planned to marry in Massachusetts and then celebrate with family and friends back home in Colorado. But bakery owner Jack Phillips informed them that the bakery wouldn’t sell wedding cakes to same-sex couples.
Longstanding Colorado state law prohibits public accommodations, including businesses open to the public such as Masterpiece Cakeshop, from refusing service based on characteristics like race, religion, or sexual orientation. Dave and Charlie filed complaints with the Colorado Civil Rights Division contending that the bakery violated Colorado’s Anti-Discrimination Act. Following an investigation and hearings, the Colorado Civil Rights Commission determined that the bakery illegally discriminated against Dave and Charlie when it refused them service.
On August 13, 2015, the Colorado Court of Appeals unanimously affirmed the Commission’s order, finding that the bakery discriminated because of sexual orientation in violation of state law. The court also concluded that application of Colorado’s Anti-Discrimination Act did not infringe the bakery’s freedom of speech or free exercise of religion. The Colorado Supreme Court denied review, and the United States Supreme Court granted certiorari on June 26, 2017.
Update (6/2/18): The Supreme Court reversed the decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, based on concerns specific to the case.
Legal Documents
-
06/04/2018
Opinion -
11/22/2017
Reply Brief for Petitioners -
10/30/2017
Amicus Briefs in Support of Respondents -
- American Bar Association
- First Amendment Scholars & Experts, Floyd Abrams, et al.
- Public Accommodation Law Scholars
- Church-State Scholars
- First Amendment Scholars
- Professor Tobias B. Wolff
- Scholars of the Constitutional Rights and Interests of Children
- Scholars of Behavioral Science and Economics
- Legal Scholars in Support of Equality
- Freedom of Speech Scholars
- Corporate Law Professors
- American Psychological Association, National Association of Social Workers, and National Association of Social Workers Colorado Chapter
- Ilan H. Meyer, PhD, et al.
- American Unity Fund, et al.
- The Central Conference of American Rabbis, et al
- General Synod of the United Church of Christ, The Baptist Joint Committee for Religious Liberty, et al.
- NAACP Legal Defense and Education Fund, Inc.
- Lawyers' Committee for Civil Rights Under Law, et al.
- National Women's Law Center, et al.
- Lambda Legal Defense and Education Fund, Inc., Family Equality Council, et al.
- GLAD and NCLR
- Transgender Law Center, et al.
- Transgender Legal Defense and Education Fund
- National LGBTQ Task Force, et al.
- SAGE and the American Society on Aging
- Outserve-SLDN, Inc., et al.
- Former Representative Tony Coelho and Disability Groups
- 15 Faith and Civil Rights Organizations
- Americans United for Separation of Church and State, Anti-Defamation League, et al.
- Colorado Organizations and Individuals
- The Civil Rights Forum
- Washington Lawyers’ Committee for Civil Rights and Urban Affairs, et al.
- Canadian Civil Rights Association, et al.
- 211 Members of Congress
- Massachusetts, Hawaii, 17 other States and District of Columbia
- County of Santa Clara, Cities of New York and Los Angeles, 67 Additional Cities and Counties, 80 Mayors, and United States Conference of Mayors
- The National League of Cities, et al.
- Chefs, Bakers, and Restaurateurs
- Denver Metro Chamber of Commerce, et al.
- Main Street Alliance, American Independent Business Alliance, et al.
- 37 Businesses and Organizations
- Service Employees International Union
- Freedom From Religion Foundation
- Tanenbaum Center for Interreligious Understanding
- Center for Inquiry, the Secular Coalition for America, and American Atheists
American Bar AssociationDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentFirst Amendment Scholars & Experts, Floyd Abrams, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentPublic Accommodation Law ScholarsDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentFirst Amendment ScholarsDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentProfessor Tobias B. WolffDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentScholars of the Constitutional Rights and Interests of ChildrenDate Filed: 10/26/2017
Court: United States Supreme Court
Download DocumentScholars of Behavioral Science and EconomicsDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentLegal Scholars in Support of EqualityDate Filed: 10/25/2017
Court: United States Supreme Court
Download DocumentFreedom of Speech ScholarsDate Filed: 10/25/2017
Court: United States Supreme Court
Download DocumentCorporate Law ProfessorsDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentAmerican Psychological Association, National Association of Social Workers, and National Association of Social Workers Colorado ChapterDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentIlan H. Meyer, PhD, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentAmerican Unity Fund, et al.Date Filed: 10/27/2017
Court: United States Supreme Court
Download DocumentThe Central Conference of American Rabbis, et alDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentGeneral Synod of the United Church of Christ, The Baptist Joint Committee for Religious Liberty, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentNAACP Legal Defense and Education Fund, Inc.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentLawyers' Committee for Civil Rights Under Law, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentNational Women's Law Center, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentLambda Legal Defense and Education Fund, Inc., Family Equality Council, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentTransgender Law Center, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentTransgender Legal Defense and Education FundDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentNational LGBTQ Task Force, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentSAGE and the American Society on AgingDate Filed: 10/27/2017
Court: United States Supreme Court
Download DocumentOutserve-SLDN, Inc., et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentFormer Representative Tony Coelho and Disability GroupsDate Filed: 10/30/2017
Court: United States Supreme Court
Download Document15 Faith and Civil Rights OrganizationsDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentAmericans United for Separation of Church and State, Anti-Defamation League, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentColorado Organizations and IndividualsDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentWashington Lawyers’ Committee for Civil Rights and Urban Affairs, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentCanadian Civil Rights Association, et al.Date Filed: 10/31/2017
Court: United States Supreme Court
Download DocumentMassachusetts, Hawaii, 17 other States and District of ColumbiaDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentCounty of Santa Clara, Cities of New York and Los Angeles, 67 Additional Cities and Counties, 80 Mayors, and United States Conference of MayorsDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentThe National League of Cities, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentChefs, Bakers, and RestaurateursDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentDenver Metro Chamber of Commerce, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentMain Street Alliance, American Independent Business Alliance, et al.Date Filed: 10/30/2017
Court: United States Supreme Court
Download Document37 Businesses and OrganizationsDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentService Employees International UnionDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentFreedom From Religion FoundationDate Filed: 10/27/2017
Court: United States Supreme Court
Download DocumentTanenbaum Center for Interreligious UnderstandingDate Filed: 10/30/2017
Court: United States Supreme Court
Download DocumentCenter for Inquiry, the Secular Coalition for America, and American AtheistsDate Filed: 10/30/2017
Court: United States Supreme Court
Download Document -
10/25/2017
United States Motion for Divided Argument -
10/23/2017
Brief for Respondents Charlie Craig and David Mullins -
10/23/2017
Brief for Respondent Colorado Civil Rights Commission -
10/13/2017
Joint Motion for Divided Argument -
09/07/2017
Amicus Briefs in Support of Petitioners -
- United States
- Foundation for Moral Law
- Non-Profit Religious Organizations
- Rev. Patrick Mahoney and Free Speech Advocates
- Ryan T. Anderson, et al.
- The Cato Institute, Reason Foundation, and Individual Rights Foundation
- Indiana Family Institute, Inc., Indiana Family Action, Inc., and the American Family Association of Indiana
- Independence Law Center
- Thomas More Society
- Law and Economic Scholars
- Richard Lawrence
- Legal Scholar Adam J. MacLeod
- C12 Group, et al.
- Center for Constitutional Jurisprudence and National Organization for Marriage
- United States Conference of Catholic Bishops, et al.
- Christian Law Association
- First Amendment Lawyers Association
- International Christian Photographers and Center for Arizona Policy
- 479 Creative Professionals
- American College of Pediatricians, et al.
- CatholicVote.org
- 34 Legal Scholars
- United States Senators and Representatives
- Freedom X and Rabbi Dovid Bressman
- Liberty Counsel
- Aaron and Melissa Klein
- Christian Business Owners
- Christopher R. Green and David R. Upham
- 33 Family Policy Organizations
- Orthodox Jewish Organizations
- Sherif Girgis
- Utah Republican State Senators
- William Jack and the National Center for Law and Policy
- Christian Legal Society, et al.
- The National Black Religious Broadcasters and the National Hispanic Christian Leadership Conference
- Public Advocate of the United States, et al.
- State of Texas, et al.
- The Becket Fund for Religious Liberty
- Agudath Israel of America
- National Legal Foundation, et al.
- Concerned Women for America
- Restoring Religious Freedom Project
- North Carolina Values Coalition and the Family Research Council
- Southeastern Legal Foundation and International Law Scholars
- Mark Regnerus, et al.
- Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al.
Foundation for Moral LawDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentNon-Profit Religious OrganizationsDate Filed: 08/30/2017
Court: United States Supreme Court
Download DocumentRev. Patrick Mahoney and Free Speech AdvocatesDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentRyan T. Anderson, et al.Date Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentThe Cato Institute, Reason Foundation, and Individual Rights FoundationDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentIndiana Family Institute, Inc., Indiana Family Action, Inc., and the American Family Association of IndianaDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentLaw and Economic ScholarsDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentLegal Scholar Adam J. MacLeodDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentCenter for Constitutional Jurisprudence and National Organization for MarriageDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentUnited States Conference of Catholic Bishops, et al.Date Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentChristian Law AssociationDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentFirst Amendment Lawyers AssociationDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentInternational Christian Photographers and Center for Arizona PolicyDate Filed: 09/07/2017
Court: United States Supreme Court
Download Document479 Creative ProfessionalsDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentAmerican College of Pediatricians, et al.Date Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentUnited States Senators and RepresentativesDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentFreedom X and Rabbi Dovid BressmanDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentChristian Business OwnersDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentChristopher R. Green and David R. UphamDate Filed: 09/08/2017
Court: United States Supreme Court
Download Document33 Family Policy OrganizationsDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentOrthodox Jewish OrganizationsDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentUtah Republican State SenatorsDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentWilliam Jack and the National Center for Law and PolicyDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentChristian Legal Society, et al.Date Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentThe National Black Religious Broadcasters and the National Hispanic Christian Leadership ConferenceDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentPublic Advocate of the United States, et al.Date Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentThe Becket Fund for Religious LibertyDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentAgudath Israel of AmericaDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentNational Legal Foundation, et al.Date Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentConcerned Women for AmericaDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentRestoring Religious Freedom ProjectDate Filed: 09/08/2017
Court: United States Supreme Court
Download DocumentNorth Carolina Values Coalition and the Family Research CouncilDate Filed: 09/08/2017
Court: United States Supreme Court
Download DocumentSoutheastern Legal Foundation and International Law ScholarsDate Filed: 09/07/2017
Court: United States Supreme Court
Download DocumentEthics and Religious Liberty Commission of the Southern Baptist Convention, et al.Date Filed: 09/08/2017
Court: United States Supreme Court
Download Document -
09/07/2017
Amicus Briefs in Support of Neither Party -
- Institute for Justice
- Council for Christian Colleges and Universities, et al.
- Cake Artists
- David Boyle
Council for Christian Colleges and Universities, et al.Date Filed: 09/07/2017
Court: United States Supreme Court
Download Document -
08/31/2017
Joint Appendix -
08/31/2017
Charlie Craig and David Mullins v. Masterpiece Cakeshop - Brief for Petitioners -
12/12/2016
Craig and Mullins v. Masterpiece Cakeshop - Reply in Support of Petition for a Writ of Certiorari -
11/29/2016
Craig and Mullins v. Masterpiece Cakeshop - Colorado Civil Rights Commission Brief in Opposition to Petition for Writ of Certiorari -
11/29/2016
Craig and Mullins v. Masterpiece Cakeshop - ACLU Brief in Opposition to Petition for Writ of Certiorari -
08/22/2016
Motion for Leave to File Brief of Amicus Curiae by Foundation for Moral Law -
08/01/2016
Craig and Mullins v. Masterpiece Cakeshop - Petition for Writ of Certiorari
Date Filed: 11/22/2017
Court: United States Supreme Court
Download DocumentDate Filed: 10/25/2017
Court: United States Supreme Court
Download DocumentDate Filed: 10/23/2017
Court: United States Supreme Court
Download DocumentDate Filed: 10/23/2017
Court: United States Supreme Court
Download DocumentDate Filed: 10/13/2017
Court: United States Supreme Court
Download DocumentDate Filed: 08/31/2017
Court: United States Supreme Court
Download DocumentDate Filed: 12/12/2016
Court: United States Supreme Court
Download DocumentDate Filed: 11/29/2016
Court: United States Supreme Court
Download DocumentDate Filed: 11/29/2016
Court: United States Supreme Court
Download DocumentDate Filed: 08/22/2016
Court: United States Supreme Court
Download DocumentDate Filed: 08/01/2016
Court: United States Supreme Court
Download Document-
11/13/2015
Craig and Mullins v. Masterpiece Cakeshop - Petitioner's Reply Brief in Support of Certiorari -
11/06/2015
Craig and Mullins v. Masterpiece Cakeshop - Respondents' Brief in Opposition to Petition for Certiorari -
11/06/2015
Craig and Mullins v. Masterpiece Cakeshop - Colorado Civil Rights Commission's Brief in Opposition to Petition for Certiorari -
10/23/2015
Craig and Mullins v. Masterpiece Cakeshop - Petitioner's Appendix -
10/23/2015
Craig and Mullins v. Masterpiece Cakeshop - Petitioner's Petition for Certiorari
Date Filed: 11/13/2015
Court: Supreme Court (Colo.)
Download DocumentDate Filed: 11/06/2015
Court: Supreme Court (Colo.)
Download DocumentDate Filed: 11/06/2015
Court: Supreme Court (Colo.)
Download DocumentDate Filed: 10/23/2015
Court: Supreme Court (Colo.)
Download DocumentDate Filed: 10/23/2015
Court: Supreme Court (Colo.)
Download Document-
08/13/2015
Craig v Masterpiece Opinion -
03/31/2015
Craig and Mullins v. Masterpiece Cakeshop - Appellants' Reply Brief -
02/13/2015
Amicus Briefs in Support of Craig and Mullins -
- Americans United for Separation of Church and State
- The National Center for Lesbian Rights
- The Anti-Defamation League and Other Civil Rights Groups
- Main Street Alliance
- The NAACP Legal Defense and Education Fund
- Lambda Legal
Americans United for Separation of Church and StateDate Filed: 02/13/2015
Court: Colorado Court of Appeals
Download DocumentThe National Center for Lesbian RightsDate Filed: 02/13/2015
Court: Colorado Court of Appeals
Download DocumentThe Anti-Defamation League and Other Civil Rights GroupsDate Filed: 02/13/2015
Court: Colorado Court of Appeals
Download DocumentThe NAACP Legal Defense and Education FundDate Filed: 02/13/2015
Court: Colorado Court of Appeals
Download Document -
02/13/2015
Craig and Mullins v. Masterpiece Cakeshop - Colorado Civil Rights Commission Answer Brief -
02/13/2015
Craig and Mullins v. Masterpiece Cakeshop - Appellees' Answer Brief -
01/09/2015
Craig and Mullins v. Masterpiece Cakeshop - Appellants' Opening Brief
Date Filed: 08/13/2015
Court: Colorado Court of Appeals
Download DocumentDate Filed: 03/31/2015
Court: Colorado Court of Appeals
Download DocumentDate Filed: 02/13/2015
Court: Colorado Court of Appeals
Download DocumentDate Filed: 02/13/2015
Court: Colorado Court of Appeals
Download DocumentDate Filed: 01/09/2015
Court: Colorado Court of Appeals
Download Document-
06/02/2014
Craig and Mullins v. Masterpiece Cakeshop - Commission's Final Order -
05/02/2014
Craig and Mullins v. Masterpiece Cakeshop - Complainants' Opposition to Respondents' Appeal -
12/06/2013
Craig and Mullins v. Masterpiece CakeShop - Decision -
11/12/2013
Craig and Mullins v. Masterpiece Cakeshop - Complainants’ Response in Opposition to Respondents’ Cross Motion for Summary Judgment
Date Filed: 06/02/2014
Court: Colorado Civil Rights Commission
Download DocumentDate Filed: 05/02/2014
Court: Colorado Civil Rights Commission
Download DocumentDate Filed: 12/06/2013
Court: Colorado Civil Rights Commission
Download DocumentDate Filed: 11/12/2013
Court: Colorado Civil Rights Commission
Download DocumentPress Releases
Supreme Court Upholds Basic Principles of Nondiscrimination, Reverses Colorado Civil Rights Commission Decision
Supreme Court Hears Arguments in Case That Will Decide the Future of Anti-Discrimination Law
Civil Rights Champions Call for a Decision for Equal Dignity under Law at the Supreme Court
Business, Civil Rights, and Legal Voices File Briefs in Supreme Court, Defending Rights of Same-Sex Couple Discriminated Against by Business
ACLU Comment on Justice Department Position in Masterpiece Cakeshop SCOTUS Case
Supreme Court Will Hear ACLU Case About Cake Shop Refusing Service to Same-Sex Couple