Christian Baker Ordered to Make Cakes for Same-Sex Ceremonies or Face Fines Files Appeal

bakery pdDENVER — Attorneys for a Christian baker who was ordered to make cakes for same-sex ceremonies or face fines has filed an appeal in hopes of  regaining his right to practice his religion at his business without fear of punishment.

As previously reported, Dave Mullin and Charlie Craig visited Masterpiece Cake Shop in Lakewood, Colorado in July 2012 to look for options for their upcoming same-sex ceremony celebration. As Colorado has a constitutional amendment enshrining marriage as being between a man and a woman, the men planned to travel to Massachusetts and then return to Colorado for a separate celebration.

However, after their arrival at the cake shop, Mullin and Craig were advised by owner Jack Phillips that he does not make cakes for same-sex ceremonies.

“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.”

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

“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.”

Phillips, who also declines to make Halloween cookies at his bakery, had told the men that he would be happy to make them any other type of baked goods outside of having to facilitate the ceremony, which he believed was a form of personal participation.

However, Mullin and Craig then filed charges with the Colorado Human Rights Commission with the help of the American Civil Liberties Union (ACLU). Last month, Judge Robert Spencer sided with the ACLU, contending that Phillips should have made the cake because he was not told that there would be any words or symbols written on it.

“Phillips was not asked to apply any message or symbol to the cake, or to construct the cake in any fashion that could be reasonably understood as advocating same-sex marriage,” he wrote. “For all Phillips knew at the time, Complainants might have wanted a nondescript cake that would have been suitable for consumption at any wedding. Therefore, Respondents’ claim that they refused to provide a cake because it would convey a message supporting same-sex marriage is specious.”

“The act of preparing a cake is simply not ‘speech’ warranting First Amendment protection,” Spencer asserted.

In turn, ADF filed an appeal this week, asking that Phillips’ freedom of conscience be upheld.

“America was founded on the fundamental freedom of all citizens to live and work without fear of government punishment,” said ADF-affiliated attorney Nicolle Martin in a news release announcing the appeal. “Jack simply exercised the long-cherished freedom to not speak by declining to promote a false view of marriage through his creative work. It’s outrageous that the government would turn its guns on Jack and threaten him with a potential jail sentence unless he says and does what the government demands.”

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  • Mark

    Stand Up for your Christianity like Phil did for Duck Dynasty.

  • C.P. Steinmetz

    Based upon the defendant’s logic, if his religious views frowned upon inter-racial marriage, it would be within his right to refuse service.

    Actually, his religious views frown upon divorce. So, does he refuse to make wedding cakes for divorced people? Does he check to see if they are Biblically allowed to remarry?

    How does he justify saying one prohibited sin is ok while the other is not?

    Selective bigotry just doesn’t seem to be protected behavior.

    • Mary Waterton

      Homosexuals are not a newly discovered race. It’s a lifestyle choice.

      • Ben P

        That isn’t his point. The baker is refusing to bake a cake for gay weddings because he feels that gay weddings are sinful. But it is also a sin to divorce. So if a couple is getting married, and one of them had gone through a divorce, then this marriage is also sinful and he should refuse to bake a cake for it.

  • misty

    I am a Christian but I do not feel that it is are right to judge, that is the Lords job when we die, selling a cake really people, what on earth has this world come too, you say you are Christian well then quit judging others it says to do unto others as you would have done to you. It does not say only serve who you feel are non sinners. You are not the lord let their judgement be done by him. Everyone has the right to be who they choose to be, There are going to be a lot of shocked Christians when it is time for their judgement.

  • James J. Grimes

    There are real idiots out there who think they are going to make law when their position doesn’t warrant it. Those Christians who look upon homosexual relationships have every MORAL right not to get involved in their sin. Why did the gay cpouple force the issue? “No” means no. Would they have gone to a Muslim baker to make a cake for them? No, because Muslims would sooner cut their heads off then say “Good morning” to them. Go find a gay baker and stop the insanity. For four percent of the population, they are asking too much. Geez, this gets more disgusting as it goes on.

    • C.P. Steinmetz

      I am surely not trying to accuse you of anything; rather, I just would like to point out those of us who are older have seen exactly the same things said about Black people in the 50’s and 60’s.

      I recently had a lovely lunch at a Muslim restaurant in a Muslim country, and no one asked or cared about my religious or political orientation, nor asked about the marital status of the woman I was with. They even knew I was from the U.S. The meal was outstanding. And they were very polite and extremely friendly, and we walked out with our heads.

      You seem to have an awful lot of hatred for homosexual people and Muslims. Why is that?

      • James J. Grimes

        “I am surely not trying to accuse you of anything… You seem to have an awful lot of hatred for homosexual people and Muslims. Why is that?”

        In the past, I have avoided responding to anything you have written, but I will address this statement.

        I have nothing against homosexuals. I know several celibate gay men who are committed to serving the Lord. They are truly “brothers in Christ.” I am intolerant of militant homosexuals who flaunt their sin and want me to condone it. I will not do that. I will speak out against that. This I have done consistently. If they are willing to repent of their son, just as any straight person will repent of their sins, I will embrace them wholeheartedly.

        As far as Muslims go, there are those who are peace-loving and want to live here and be productive. I consider them as neighbors. As far as the others… Islam is our most serious external threat. I hope you recognize that. These people want to make this country as Islam state and the liberals here, those who want to embrace “diversity” and allow for open borders, would probably welcome them doing that. Love for this country has diminished to the point now where only a minority within our population still considers to be admirable. The others???? since there is no absolute truth any more, they really don’t care.

        BTW, you have only seen one thing I have written about Muslims and you judge my motives based on that one statement.

        I hope I have explained my position. It will not change.

        • James J. Grimes

          Please excuse the typo, “son” in line 8 should be SIN. If I missed any others, I hope you will figure out what they should be. Thanks.

        • Ben P

          “No, because Muslims would sooner cut their heads off then say “Good morning” to them.”

          Your comment is clearly about all Muslims. Have you ever actually met a muslim?

          Militant homosexuality? Because they are angry that they werent served? If a business owner ever told me that they don’t condone something about me, whatever it may be, and that I should take my business elsewhere, I’d be insulted and pissed. And I would do everything in my power to hurt that business. Wouldn’t you? You can hardly call that militant.

  • Karate Kathleen

    We should not judge true, but pointing out something God’s Holy Word has stated is sinful is not judging, rather making a statement of fact. Very good point about divorce, made me think. The major problem is Christians being forced to be party to something they know is against their religion. Even though I do not participate directly in something but rather indirectly I am still accountable. In regular law they call it “guilt by association.”

  • Amarachukwu Florence Nnamani

    What judgement?!!. We must be careful not to get entangled in other peoples sin through mere sentiment. Romans 1:32 said it all. If it is against GOD’S word, pls do not give your support no matter how minimal. Thumb’s up Mr. Phil!!!. The ALMIGHTY GOD will vindicate & honour u. Besides, buying & selling is not by force. If i refuse to sell my guds to you, you are free to check the next shop.

    • Norman Dostal

      come on-youre not even american-why do you care what we do here?

    • Ben P

      And as a customer, if you insult me, I am free do use every legal method to put you out of business (boycotts, lawsuits, etc).

    • Karate Kathleen

      To Mr. Nnamani: you misunderstood my statement. I am not saying I am for the gay couple’s side in any way. Often when us who are Christians say we follow the bible and are against homosexuality we are accused of “judging”, and I am saying we are not judging.

  • Secular Savior

    A while ago, many Americans thought being black/African was a sin; and that they should carry the “White Man’s Burden.” They called the slaves/any Africans- devils, demons, etc. And look how we coexist in America today! Though we aren’t exactly equal due to the many stereotypes of today’s bigots, we have come a long way.

    As apart of ANY religion (Christian, Islam, Hinduism, Judaism, etc.) the main rule is to serve God(s) and to try to be as forgiving and LOVING as He is. Calling Muslims and homosexuals sinners is horribly ignorant and you can never be further away from God by degrading and putting down one’s beliefs and faith. Is it not true that God never makes mistakes? Well, that’s not a good answer to the famished people in 3rd world countries, but it is a good answer to people on this website who are discriminating against God’s children. THERE IS NO JUSTIFICATION FOR DISCRIMINATING AGAINST ANY RACE OR HUMAN BEING, EVER.

    Yes, there is terrorism in this corrupt world, and yes, much of it that the MEDIA shows us is of our brothers & sisters of Islam. However, looking back at the Knoxville Unitarian Universalist Church shooting, July 27, 2008; Christian Right sympathizer Jim David Adkisson walked into the Knoxville Unitarian Universalist Church in Knoxville, Tennessee during a children’s play and began shooting people at random. Two were killed, while seven others were injured but survived. Adkisson said he was motivated by a hatred of liberals, Democrats and gays, and he considered neocon Bernard Goldberg’s book, 100 People Who Are Screwing Up America, his political manifesto. Hmm, I see that some of his motives for violence are some of your motives for discrimination, too!

    Have you heard about the attack PRIOR to the al-Qaeda attacks of 9/11? The Oklahoma City bombing Timothy McVeigh orchestrated was the most deadly terrorist attack in U.S. history: 168 people were killed and more than 600 were injured. McVeigh drove a truck filled with explosives into the Alfred P. Murrah Federal Building, his goal was to kill as many people as possible. Clearly, McVeigh was not motivated by radical Islam; rather, he was motivated by an extreme hatred for the U.S. government and saw the attack as revenge for the Ruby Ridge incident of 1992 and the Waco Siege in 1993.

    So, in conclusion: There are radicals of almost EVERY RELIGION, but this DOES NOT give anyone the right to paint people of that religion with the same brush. Secondly, discrimination against those who are not doing you harm with their beliefs should not be degraded and/or belittled! That includes homosexuals and people of other races and religions. Any religious person who is truly devoted to God should not try to BE God. Hopefully I have given you all a different perspective, and though this was an extensive post, I truly hope you may see how others feel about the situations you too have deep feelings about.