Quotations
Colorado Court of Appeals
"Specifically, Masterpiece asserts that its refusal to create
the cake was “because of” its opposition to same-sex marriage, not
because of its opposition to their sexual orientation. We conclude
that the act of same-sex marriage is closely correlated to Craig's
and Mullins' sexual orientation, and therefore, the ALJ did not
err when he found that Masterpiece's refusal to create a wedding
cake for Craig and Mullins was “because of” their sexual
orientation, in violation of CADA."
"We conclude that the act of designing and selling a wedding cake
to all customers free of discrimination does not convey a
celebratory message about same-sex weddings likely to be
understood by those who view it. We further conclude that, to the
extent that the public infers from a Masterpiece wedding cake a
message celebrating same-sex marriage, that message is more likely
to be attributed to the customer than to Masterpiece."
Statement by one of the Commissioners on the Colorado Civil
Rights Commission:
“I would also like to reiterate what we said in the hearing or the
last meeting. 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—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—to
use their religion to hurt others.”
Justice Kennedy's conclusion based on that statement:
"The record shows no objection to these comments from other
commissioners. And the later state-court ruling reviewing the
Commission's decision did not mention those comments, much less
express concern with their content. Nor were the comments by the
commissioners disavowed in the briefs filed in this Court. For
these reasons, the Court cannot avoid the conclusion that these
statements cast doubt on the fairness and impartiality of the
Commission's adjudication of Phillips' case."
Opinion of Justice Kennedy in
Masterpiece Cakeshop (balancing the competing interests)
"Our society has come to the recognition that gay persons and
gay couples cannot be treated as social outcasts or as inferior
in dignity and worth. For that reason the laws and the
Constitution can, and in some instances must, protect them in
the exercise of their civil rights. The exercise of their
freedom on terms equal to others must be given great weight and
respect by the courts. At the same time, the religious and
philosophical objections to gay marriage are protected views and
in some instances protected forms of expression."