Masterpiece Cakeshop v. Colorado Civil Rights Commission, Round 2

[Joods]

I read that too and it isn't relevant. No one denies that the Masterpiece Cake shop is a place of public accommodation. No one denies that the State of Colorado considers transgendered people a protected class. That is why those are acknowledged in the Statements of Fact along with the part I quoted.

The part I quoted confirms that as far a Colorado is concerned discrimination occurs if and only if the reason for denying someone service is because they are part of a protected class. According to Colorado law it is NOT discrimination to decline making a bespoke product that expresses an objectionable message. Presumably, Philips would refuse to bake a cake for a straight customer also if the intended meaning of the cakes design was to celebrate a transitioning. If the activist lawyer had simply said he or she wanted a pink and blue cake and left it at that then it would be clear that Philips had indeed discriminated on the basis of the person's gender identity. Alternatively, if the lawyer had stayed silent and Philips baked the cake not knowing the significance of the colors, he would be in the clear, having proved that gender identity, in and of itself, was not for him a reason to deny service. Instead, the lawyer made a point of stating what the design signified, a message he or she knew Philips would find offensive.  In other words, Philips does not object to serving people simply because they are gay or trans. Philips merely would not make, what was in his estimation, an offensive decorative design regardless of the customer's gender identity.

He also does the following: 

93. In addition to being a cake artist, Phillips is a follower of Jesus Christ who bases his religious beliefs on the Bible.

94. Phillips’s religious beliefs are central to his life, his identity, and his understanding of goodness, truth, beauty, morality, and existence.

95. Phillips believes that everything he does, including how he operates his business,should be done to glorify God. See  1 Corinthians 10:31; 2 Corinthians 5:15; Colossians 3:17;1 Peter 4:11.

96. Phillips runs Masterpiece Cake shop based on his religious beliefs.

97. Phillips’s operation of Masterpiece Cakeshop is an exercise of his religion.

98. Because of his faith, Phillips hosts Bible studies at Masterpiece Cakeshop.

He intentionally hides behind his religion to oppress potential customers simply because they don't fit his religious narrative. He attempts to skirt the law by doing so. There is nothing specific in the bible that discusses transgendered individuals. He's simply making up what he wants to, in order to discriminate against people who he has bigoted views of. 

This one really got me because he contradicts himself in his own complaint and how he conducts his business: 

101. Phillips serves all people—individuals of all races, faiths, sexual orientations, and gender identities—and will design and create custom cakes for anyone.

bold mine. (Bottom of page 15 of Neo's link, for the curious.)

No he won't. He's clearly refused to design and create custom cakes for a number of people - all of whom happen to belong to the LGBT community. Several items in his "statement of facts" start with the phrase "Because of Phillip's religious beliefs....." 

He says this: 

104. Neither Phillips nor any staff member at Masterpiece Cake shop asks customers about their protected characteristics, such as their race, faith, sexual orientation, or gender identity, because those characteristics do not matter to Phillips in deciding whether to accept a custom-cake order.

bold mine. 

Yet he says this further down: 

124. Phillips also believes as a matter of religious conviction that sex—the status of being male or female—is given by God, is biologically determined, is not determined by perceptions or feelings, and cannot be chosen or changed

bold mine. 

So he does discriminate where sexual orientation or gender identity is concerned. How? See below for that. 

He lists this in his complaint: 

129. When customers request a custom cake, Phillips or his staff asks them about the kind of cake they want, the desired content, colors, themes, words, and styles, and what event, if any, the cake will celebrate.

bold mine.

Sure. He won't ask about protected characteristics and conveniently gets around asking about that when he inquires about the event surrounding the cake. Once he learns of the nature of the event, he can then use his religious beliefs as a way to decline the request. So the attorney didn't surprise him with anything. He fucking asked her all of the things listed in #129, because that's what he states he specifically does. He also admitted in 128 that he personally reviews every single custom cake order. How convenient.