Confirming what has been the trend in states including Oregon and New Mexico, the Colorado Court of Appeals recently confirmed, in Craig and Mullins v. Masterpiece Cakeshop, that a religious objection to same-sex marriage is not a sufficient reason to refuse service to homosexual couples.
The case began in 2012 when Craig and Mullins, who planned to get married in Massachusetts but celebrate with friends in Colorado, went to Masterpiece seeking to purchase a wedding cake. Masterpiece refused, citing the proprietor's objection to same-sex marriage on religious grounds. Masterpiece offered to make Craig and Mullins any other baked good product, but not a wedding cake. Masterpiece's proprietor contended that making such a cake would be tantamount to endorsing same-sex marriage, which he opposed as an affront to his Christian beliefs.
While the Court of Appeals found that the proprietor's beliefs were sincerely held, it still held that the Colorado Civil Rights Commission properly held that Masterpiece had violated public accommodation provisions of Colorado's Anti-Discrimination Act when it refused to make a wedding cake for Craig and Mullins. The Court said that the discrimination they faced from Masterpiece was "inextricably linked" to their sexual orientation. Consequently, the refusal to serve was "because of" their sexual orientation.
Moreover, the fact that Masterpiece offered to make other baked goods for the couple was not enough. The Court said that would be like saying it would be okay for a restaurant to serve its full menu to men but only appetizers to women.
Importantly, the Court further rejected Masterpiece's contention that making wedding cakes for same-sex couples amounted to forced speech in violation of the First Amendment. The Court said that making wedding cakes for same-sex couples was not an endorsement of same-sex marriage, and that the public understood that businesses served all kinds of people–people whose beliefs may not always be aligned.
The bottom line is that state civil rights commissions and courts, especially after the Supreme Court's Obergefell decision, will continue to be hostile to claims of religious exemptions to serving same-sex couples. The lesson is to be proactive now, before your organization becomes the next internet headline.
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