Supreme Court Agrees to Hear Wedding Cake 'Discrimination' Case

By Susan Jones | June 26, 2017 | 10:24 AM EDT

The Supreme Court is nearing the end of its current term. (Photo: Wikimedia Commons)

( - The Supreme Court on Monday finally agreed to hear a case involving a small Colorado bakery, Masterpiece Cakeshop, that refused in 2012 to provide a custom wedding cake for a homosexual couple.

The Colorado Civil Rights Commission ruled that cake baker Jack Phillips engaged in sexual orientation discrimination under the Colorado Anti-Discrimination Act when he said his sincerely held religious beliefs prevented him from baking a cake for a homosexual couple.

The question before the court is: "Whether applying Colorado's public accommodations law to compel Phillips to create expression that violates his sincerely held religious beliefs about marriage violates the Free Speech or Free Exercise Clauses of the First Amendment."

Phillips filed his petition for review almost a  year ago, but the Justices put off making a decision on whether to hear the case until now.

The case will be argued in the fall.

The American Civil Liberties Union represents the couple, Colorado residents David Mullins and Charlie Craig:

“The law is squarely on David and Charlie’s side because when businesses are open to the public, they’re supposed to be open to everyone,” said James Esseks, director of the ACLU’s LGBT Project. “While the right to one’s religious beliefs is fundamental, a license to discriminate is not. Same-sex couples like David and Charlie deserve to be treated with the same dignity and respect as anyone else, and we’re ready to take that fight all the way to the Supreme Court.”

Also on Monday, the Justices once again put off a decision on whether to hear a Second Amendment case testing whether law-abiding people have the constitutional right to carry a gun outside the home for self-defense.

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