Supreme Court to hear appeal in same-sex wedding cake case

Last Updated Jun 26, 2017 10:03 AM EDT

The Supreme Court is taking on a new clash between gay rights and religion in a case about a wedding cake for a same-sex couple in Colorado.

The justices said Monday they will consider whether a baker who objects to same-sex marriage on religious grounds can refuse to make a wedding cake for a gay couple.

The case asks the high court to balance the religious rights of the baker against the couple’s right to equal treatment under the law. Similar disputes have popped up across the United States.

The decision to take on the case reflects renewed energy among the court’s conservative justices, whose ranks have recently been bolstered by the addition of Justice Neil Gorsuch to the high court.

The court will review a Colorado court decision that found baker Jack Phillips and his Masterpiece Cakeshop discriminated against the gay couple under Colorado law.

Phillips told the Supreme Court he has free speech and religious rights under the First Amendment that should protect him. He said he should not be compelled to bake a cake specifically to honor a same-sex marriage.

Colorado’s anti-discrimination law protects people on the basis of their sexual orientation. Charlie Craig and David Mullins filed a complaint against Phillips and his suburban Denver shop after Phillips said he would not create and decorate a cake in honor of their marriage.

Colorado did not permit same-sex couples to marry until 2014. Two years earlier, Craig and Mullin were planning to fly to Massachusetts, where same-sex marriage was legal, and host a reception in Denver upon their return to Colorado. They wanted a cake for the occasion.

CBS News’ Paula Reid reports that the court’s decision to hear the appeal comes as a  sign that conservative justices have a renewed energy to examine the issues of religious rights and gay marriage and potentially push back on the earlier decision. 

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