Attorney for Colorado Christian Baker: Jail Time Possible for Denying ‘Wedding’ Cake to Homosexuals

CBS Cake ShopLAKEWOOD — An attorney for a Christian baker in Colorado states that her client could possibly face up to a year in jail if the district attorney’s office decides to prosecute him for declining to bake a “wedding” cake for two homosexual men.

As previously reported, Dave Mullin and Charlie Craig visited Masterpiece Cake Shop in Lakewood last July to look for options for their upcoming same-sex ceremony, but were advised by owner Jack Phillips that he does not accommodate those types of requests.

“My first comment was, ‘We’re getting married,’ and he just shut that down immediately,” Craig, 31, stated.

Phillips told Christian News Network that he does not make cakes for such occasions because of his Christian convictions.

“I’m a follower of Jesus Christ, and I believe that the relationship is not something that He looks favorably on,” the master pastry chef stated. “If Jesus was a carpenter, He wouldn’t make a bed for this union.”

Phillips, who attends a Baptist church, explained that when he informed Mullin and Craig that his bakery does not make cakes for same-sex “weddings,” the men immediately left. He stated that one of them made a comment on his way out the door that the bakery was a “homophobic cake shop.”

Mullin, 28, indicated to Denver Westward that is indeed what took place.

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“It was the most awkward, surreal, very brief encounter,” he stated. “We got up to leave, and to be totally honest, I said, ‘(expletive) and your homophobic cake shop.’ And I may or may not have flipped him off.”

Recently, Mullin and Craig filed charges with the Colorado Human Rights Commission, which is now reviewing the case to determine whether Phillips broke the law in declining to provide the cake.

Attorney Nicolle Martin, who is representing Phillips, told reporter Jim Hoft with the Gateway Pundit this week that her client has done nothing wrong, since same-sex “marriage” is not recognized in Colorado.

“He’s not just following the Bible and his faith tradition. He’s actually following the public policy of the state of Colorado,” she explained. “So, it seems counter-intuitive and a bit oppressive to demand that he make the cake when the young gay couple that requested the cake can’t actually have the wedding in Colorado.”

Martin advised, however, that depending on what happens next, Phillips could possibly face jail time because his bakery does not service homosexual ceremonies.

“Colorado is one of the few jurisdictions that has a criminal statute on the books,” she outlined. “Once this is exhausted at the administrative level in the Colorado Civil Rights Commission, the complainants can sue him civilly in Colorado’s regular court system, or he could potentially be prosecuted by the district attorney for up to 12 months in jail and a fine of not less than $10 and not more than $500.”

Martin also asserted that while the state recently repealed the penal statute that Phillips could be jailed under, it still could apply since it was in effect at the time of the incident.

“Now, because of this case, … that piece of the statute was repealed, because the state realized it doesn’t look very good to be threatening people with loss of liberty because they won’t bake the cake,” she stated. “Even though it’s now repealed, it was in effect when this alleged conduct occurred.”

“It’s a definite concern that’s weighing heavily upon him,” Martin said.

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