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We will continue fighting until no one has to endure the shame, embarrassment and humiliation of being told, ‘We don’t serve your kind here.’” “I just hope that people can understand that this is not a wide-ranging ruling,” he said, “and that this doesn’t mean that … the Colorado Anti-Discrimination Act has been invalidated in any way. Mullins spoke to reporters on a conference call. The two most liberal justices said they would have upheld the finding of the commission, which decided that Phillips violated the Colorado anti-discrimination law that bars businesses from refusing service based on race, sex, marital status or sexual orientation. Ruth Bader Ginsburg and Sonia Sotomayor dissented. That requirement, however, was not met here.”
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“Still, the delicate question of when the free exercise of his religion must yield to an otherwise valid exercise of state power needed to be determined in an adjudication in which religious hostility on the part of the state itself would not be a factor in the balance the state sought to reach. “The court’s precedents make clear that the baker, in his capacity as the owner of a business serving the public, might have his right to the free exercise of religion limited by generally applicable laws,” Kennedy wrote. The decision focused narrowly on the handling of Phillips’ case, however, leaving open the question of whether anti-discrimination laws should supersede religious beliefs in future cases. “The laws and the constitution can, and in some instances must, protect gay persons and gay couples in the exercise of their civil rights,” Kennedy wrote, “but religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression.”
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Writing for the majority, justice Anthony Kennedy said the CCRC showed “hostility” to Phillips’ religious beliefs in ordering him to undergo anti-discrimination training. The court did not address the wider principle of whether a business can refuse to serve gay people, saying this “must await further elaboration”. The case went all the way to the supreme court and on Monday it ruled 7-2 that the commission violated Phillips’ rights under the first amendment, which guarantees freedom of expression. The two men complained to the Colorado Civil Rights Commission (CCRC), which decided against Phillips. Charlie Craig and David Mullins went to the Masterpiece Cakeshop in Lakewood, Colorado, in July 2012, only for owner Jack Phillips to say he would not provide a cake for a same-sex couple.