ARGUED: DEC. 5
CASE TYPE: FIRST AMENDMENT
Arguing for Petitioner: Kristen Waggoner, Alliance Defending Freedom
Arguing for State Respondent: Frederick Yarger, Colorado Solicitor General
Arguing for Private Respondents: David Cole, American Civil Liberties Union
Other Appearances: Gen. Noel Francisco, Solicitor General, U.S. Department of Justice, as amicus curiae supporting petitioners
This case turns on whether Masterpiece Cakeshop owner Jack Phillips violated Colorado’s Anti-Discrimination Statute by declining to make a custom wedding cake for a same-sex couple, David Mullins and Charlie Craig, on the basis of First Amendment protections for religious freedom and free speech.
POSSIBLE ISSUES FOR COURT TO DECIDE:
• Is Phillips’ work as a cake maker speech?
• Does requiring him to make a cake for Craig and Mullins equate to compelled speech in violation of the First Amendment?
• Where is the line drawn between what expressive conduct is speech and what is not?
• Is Colorado’s Anti-Discrimination Act neutral and generally applicable? Was it applied unfairly to Phillips?