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拒為同性伴侶作蛋糕 最高法院裁定老闆勝訴

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拒為同性伴侶作蛋糕 最高法院裁定老闆勝訴

(World Journal) 記者顏伶如/綜合報導

美國最高法院4日早晨以7票對2票表決裁定,科羅拉多州一家蛋糕烘焙業者有權拒絕不賣結婚蛋糕給同性婚姻伴侶。圖為「傑作蛋糕店」負責人菲利普斯。Getty Images美國最高法院4日早晨以7票對2票表決裁定,科羅拉多州一家蛋糕烘焙業者有權拒絕不賣結婚蛋糕給同性婚姻伴侶。圖為「傑作蛋糕店」負責人菲利普斯。Getty Images


2012年,科羅拉多州雷克伍德(Lakewood )「傑作蛋糕店」(Masterpiece Cakeshop)負責人菲利普斯(Jack Phillip)以不符個人宗教信仰為由,拒絕為同性伴侶克雷格(Charlie Craig)與穆里林斯(David Mullins)提供結婚蛋糕。

克雷格與穆里林斯援引科羅拉多州反歧視州法,向科羅拉多人權委員會(Colorado Civil Rights Commission)檢舉「傑作蛋糕店」涉嫌歧視,明顯違反州法。根據科州州法規定,對社會大眾提供服務的店家,不得以種族、宗教、性別或性傾向為由歧視消費者。



由最高法院大法官甘迺迪(Anthony Kennedy)負責撰寫的多數意見(majority opinion)判決書中指出,由於菲利普斯宗教信仰的關係,科羅拉多人權委員會在處理這起案件的過程中對他充滿敵意,侵犯了菲利普斯受到美國憲法第一修正案(First Amendment)保障的權利。

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Supreme Court rules in favor of baker in same-sex wedding cake case


The Supreme Court is set aside a Colorado court ruling against the owner of Masterpiece Cakeshop who cited religious freedom and wouldn't make a wedding cake for a same-sex couple. But the highest court in the land is not deciding the big issue in the case – whether a business can refuse to serve gay and lesbian people.

The Supreme Court justices' limited ruling Monday turns on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips. They voted 7-2 that the Colorado Civil Rights Commission violated Phillips' rights under the First Amendment.

The clash at the high court pitted Phillips' First Amendment claims of artistic freedom against the anti-discrimination arguments of the Colorado Civil Rights Commission, and the two men Phillips turned away in 2012. The Denver-area baker cited his Christian faith in refusing to make a cake for their wedding celebration.

Phillips, owner of Masterpiece Cakeshop in Lakewood, was previously judged through multiple phases of litigation to have violated Colorado's anti-discrimination law. Through his lawyers, he argued before the highest court in the land that he's an artist who should not be compelled to create a cake that contradicts his religious views.

In his majority opinion, Justice Anthony Kennedy said that the issue "must await further elaboration." Appeals in similar cases are pending, including one at the Supreme Court from a florist who didn't want to provide flowers for a same-sex wedding.

The Department of Justice welcomed the ruling in a statement, saying they "pleased" the the court's decision. "The Supreme Court rightly concluded that the Colorado Civil Rights Commission failed to show tolerance and respect for Mr. Phillips' religious beliefs. In this case and others, the Department of Justice will continue to vigorously defend the free speech and religious freedom First Amendment rights of all Americans," the Justice department said in a statement. 

Senior Counsel Kristen Waggoner of the Alliance Defending Freedom who represented Philips said in a statement following the court's ruling, "Jack serves all customers; he simply declines to express messages or celebrate events that violate his deeply held beliefs."

Waggoner added, "Creative professionals who serve all people should be free to create art consistent with their convictions without the threat of government punishment. Government hostility toward people of faith has no place in our society, yet the state of Colorado was openly antagonistic toward Jack's religious beliefs about marriage. The court was right to condemn that. Tolerance and respect for good-faith differences of opinion are essential in a society like ours. This decision makes clear that the government must respect Jack's beliefs about marriage."

Supreme Court rules in favor of baker in same-sex cake case

Published on Jun 4, 2018

Supreme Court rules 7-2 in favor of the Colorado baker who wouldn't make a same-sex wedding cake.

LGBTQ advocates, including Lambda Legal, quickly condemned the court's ruling, citing critical setbacks in equal rights. Lambda Legal CEO Rachel B. Tiven said in a statement on Monday, "The Court today has offered dangerous encouragement to those who would deny civil rights to LGBT people and people living with HIV. "

Tiven added, "This is a deeply disappointing day in American jurisprudence. Today's decision should have been a firm, direct affirmance of longstanding equality law.  Instead, the Supreme Court has become an accomplice in the right's strategy to hollow out one of its finest achievements, the right to equal marriage, and create what Justice Ginsberg memorably termed 'skim milk marriages.' We will continue to fight in every arena and in every court until LGBT people and people living with HIV have full equality under the law in every aspect of our lives. We deserve no less."

The ACLU, however argued that Monday's ruling "reaffirmed the core principle that businesses open to the public must be open to all in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The court did not accept arguments that would have turned back the clock on equality by making our basic civil rights protections unenforceable, but reversed this case based on concerns specific to the facts here."

The American Civil Liberties Union argued the case on behalf of Charlie Craig and David Mullins, who were refused service at the Colorado bakery.

"The court reversed the Masterpiece Cakeshop decision based on concerns unique to the case but reaffirmed its longstanding rule that states can prevent the harms of discrimination in the marketplace, including against LGBT people," said Louise Melling, deputy legal director of the ACLU.

Craig and Mullins released a joint statement as well saying, "Today's decision means our fight against discrimination and unfair treatment will continue."

"We have always believed that in America, you should not be turned away from a business open to the public because of who you are. We brought this case because no one should have to face the shame, embarrassment, and humiliation of being told 'we don't serve your kind here' that we faced, and we will continue fighting until no one does," the couple added.

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