Whitefish joins case before U.S. Supreme Court

The city of Whitefish will join a lawsuit before the U.S. Supreme Court in which a Colorado baker claims his religious beliefs give him the right to refuse to sell wedding cakes to same-sex couples.

Whitefish City Council Oct. 18 unanimously approved joining an amicus brief in support of the Colorado Civil Rights Commission, which previous found the baker guilty of violating the state’s anti-discrimination law.

The case originated in 2012, when Jack Phillips, the owner of Masterpiece Cakeshop, refused to bake a cake for the wedding of Charlie Craig and David Mullions, who sued based upon Colorado’s anti-discrimination laws. The case has made its way through the lower courts and is now before the Supreme Court, which has set oral arguments in the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission for Dec. 5.

Councilor Richard Hildner said Whitefish was contacted about joining as a “friend of the court” or in an amicus brief, which is filed in appellate court cases by non-litigants with a strong interest in the subject matter.

“This is to support the Colorado anti-discrimination act,” Hildner said. “This could have implications on our non-discrimination ordinance here in Whitefish.”

Whitefish last year approved a non-discrimination ordinance extending civil rights protections to residents based on sexual orientation and gender identity. Attempts to extend those same protections to individuals have been unsuccessful in the Montana Legislature.

City Attorney Angela Jacobs recommended Whitefish join the lawsuit.

“Whitefish is specifically mentioned in their brief as a small city that has passed a [non-discrimination ordinance],” she said. “I think it’s important that we stand by our NDO.”

The case headed before the high court centers on Phillips who refused to make a cake for Craig and Mullions, who in turn sued saying that Phillips illegally discriminated against them violating Colorado’s law prohibiting discrimination against people based on sexual orientation.

Phillips claims he shouldn’t be forced to make the cake because doing so would violate his First Amendment right to free speech. However, the couple’s attorneys argue that the baker’s reasoning for discriminating against their clients could apply to a host of other businesses allowing them to discriminate based on a claim of religious belief.

A judge in 2013 ruled in the couple’s favor and the following year the Colorado Civil Rights Commission also found Phillips guilty of violating the law. The case was appealed to the Colorado Court of Appeals, which ruled the cakeshop had violated the state’s nondiscrimination law.

Phillips eventually appealed to the U.S. Supreme Court.

The Justice Department recently filed an amicus brief supporting Phillips’ argument.