Ken Paxton
AUSTIN – The U.S. Supreme Court today granted review in a religious liberty case from Colorado. The case involves Jack Phillips and his custom-cake business, Masterpiece Cakeshop, who declined to make a cake for a same-sex ceremony based on his deeply-held religious belief that marriage is the union of one man and one woman. The Colorado Civil Rights Commission found Phillips’s First Amendment right to religious freedom must yield to a state law and ordered him to make cakes for same-sex events, direct his staff to do the same, and report to the commission every time he declines to fulfill a cake order. The Colorado Court of Appeals upheld the commission’s decision, holding that the First Amendment provided Phillips no refuge.
“I’m pleased that the U.S. Supreme Court took this important religious liberty case,” said Attorney General Paxton. “The case presents the court with an important opportunity to clarify that the First Amendment contains robust protection for people who choose to operate their businesses consistent with their faith, and that the government cannot dictate what people say and do not say.”
On June 28, 2015, Attorney General Paxton issued an opinion that county clerks and judges retain religious freedoms, and that the government cannot compel them to issue licenses or conduct same-sex ceremonies over their religious objections. The opinion explains that forcing someone to perform a task against their will is unconstitutional and not the least restrictive means of achieving a policy when other clerks or judges are available and willing to conduct same-sex ceremonies.