End Totalitarian Applications of CADA, Similar Laws

In its 2015 decision in Masterpiece Cakeshop, Ltd v. Colorado Civil Rights Commission, the Colorado Court of Appeals unanimously ruled in favor of the Colorado Civil Rights Commission, which sanctioned Jack Phillips, a devout Christian and the owner of Masterpiece Cakeshop, for violating the Colorado Antidiscrimination Laws (CADA). His offense: refusing for sincere religious reasons to prepare a custom-made wedding cake for Charlie Craig and David Mullins, a gay couple. His insistence that he enjoyed the First Amendment protections of freedom of religion and speech were roundly rebuffed—as were similar claims in the 2013 New Mexico decision in Elane Photography, LLC v. Willock and the 2017 Washington decision in State of Washington v. Arlene's Florists, Inc. The Commission then ordered Phillips “to take remedial measures, including comprehensive staff training and alteration to the company's policies to ensure compliance with CADA.”