Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

Docket No.	Argument	Opinion	Vote	Author	Term
16-111	Dec 5, 2017	Jun 4, 2018	7-2	Kennedy	OT 2017

Holding: The Colorado Civil Rights Commission"s actions in assessing a cakeshop owner"s reasons for declining to make a cake for a same-sex couple"s wedding celebration violated the free exercise clause.

Judgment: Reversed, 7-2, in an opinion by Justice Kennedy on June 4, 2018. Justice Kagan filed a concurring opinion, in which Justice Breyer joined. Justice Gorsuch filed a concurring opinion, in which Justice Alito joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.

SCOTUSblog Coverage

A second look at a death-row prisoners ineffective-assistance-of-counsel claim (John Elwood, March 30, 2022)
In Recess #5: The Ghost of LBJ (First Mondays, July 16, 2018)
The Annual: OT2017 in Review (First Mondays, July 9, 2018)
OT2017 #28: "Stale Cake" (First Mondays, June 11, 2018)
Symposium: The Masterpiece ruling calls for increased vigilance of discrimination in the marketplace (Dariely Rodriguez, June 7, 2018)
Symposium: And the winner is pluralism? (Elizabeth Clark, June 6, 2018)
Symposium: Masterpiece Cakeshop -- not as narrow as may first appear (Thomas Berg and Douglas Laycock, June 5, 2018)
Symposium: The worst form of judicial minimalism -- Masterpiece Cakeshop deserved a full vindication for its claims of religious liberty and free speech (Richard A. Epstein, June 5, 2018)
Symposium: More at stake than cake -- dignity in substance and process (Elizabeth Sepper, June 5, 2018)
Symposium: The First Amendment protects speech and religion, not discrimination in public spaces (Sherrilyn Ifill, June 5, 2018)
A "view" from the courtroom: Justice Kennedys Master-pice de rsistance (Mark Walsh, June 4, 2018)
Opinion analysis: Court rules (narrowly) for baker in same-sex-wedding-cake case [Updated] (Amy Howe, June 4, 2018)
OT2017 #9: "Peak SG" (First Mondays, December 11, 2017)
SCOTUS for law students: Splitting the free speech community (Stephen Wermiel, December 8, 2017)
A "view" from the courtroom: Setting the table for a major ruling (Mark Walsh, December 5, 2017)
Argument analysis: Conservative majority leaning toward ruling for Colorado baker (UPDATED) (Amy Howe, December 5, 2017)
OT2017 #8: "Bespoke but Blank" (First Mondays, December 4, 2017)
Argument preview: Wedding cakes v. religious beliefs? (Amy Howe, November 28, 2017)
Symposium: Conscience, conditions, and access to civil society (Richard Garnett, September 15, 2017)
Symposium: Commercial products as speech When a cake is just a cake (Mary Bonauto, September 15, 2017)
Symposium: Shotgun wedding? Forcing religious vendors to participate in wedding ceremonies (Eric Rassbach and Hannah Smith, September 14, 2017)
Symposium: Anti-discrimination laws do not compel commercial-merchant speech (Tobias Barrington Wolff, September 14, 2017)
Symposium: Disentangling free speech and freedom of religion in Masterpiece Cakeshop (Eric Segall, September 13, 2017)
Symposium: As a matter of marriage law, wedding cake is expressive conduct (Helen Alvaré, September 13, 2017)
Symposium: Discrimination is not a fundamental American value (Vanita Gupta, September 12, 2017)
Symposium: Masterpiece Cakeshop and compelled participation in religious ceremonies (Mithun Mansinghani, September 12, 2017)
Wedding cakes v. religious beliefs?: In Plain English (Amy Howe, September 11, 2017)
Today's orders (part 1) (Amy Howe, June 26, 2017)
Today's orders (Amy Howe, June 13, 2017)
Court grants one new case (with no cakes, guns or cell phones involved) (Amy Howe, May 30, 2017)
Today's orders (Amy Howe, May 15, 2017)
Today's orders (Amy Howe, May 1, 2017)
Today's orders (Amy Howe, April 24, 2017)
Two grants, still no Masterpiece Cakeshop (again) (Amy Howe, April 3, 2017)
Todays orders Two grants, one CVSG, still no Masterpiece Cakeshop (Amy Howe, March 27, 2017)
Justices send transgender bathroom case back to lower courts, no action on same-sex marriage cake case (Amy Howe, March 6, 2017)
Petition of the day (Kate Howard, September 8, 2016)

Date	Proceedings and Orders (key to color coding)
07/22/2016	Petition for a writ of certiorari filed. (Response due August 24, 2016)
08/04/2016	Waiver of right of respondents Colorado Civil Rights Commission, et al. to respond filed.
08/11/2016	Order extending time to file response to petition to and including September 23, 2016, for all respondents.
08/22/2016	Motion for leave to file amicus brief filed by Foundation For Moral Law.
08/23/2016	Waiver of right of respondents Charlie Craig and David Mullins to respond filed.
08/24/2016	DISTRIBUTED for Conference of September 26, 2016.
08/31/2016	Response Requested. (Due September 30, 2016)
09/15/2016	Order extending time to file response to petition to and including November 29, 2016, for all respondents.
11/28/2016	Brief of respondents Charlie Craig and David Mullins in opposition filed.
11/29/2016	Brief of respondent Colorado Civil Rights Commission in opposition filed.
12/12/2016	Reply of petitioners Masterpiece Cakeshop, Ltd., et al. filed.
12/14/2016	DISTRIBUTED for Conference of January 6, 2017.
01/03/2017	Rescheduled.
01/09/2017	DISTRIBUTED for Conference of January 13, 2017.
01/10/2017	Record Requested.
01/30/2017	Record received from the Supreme Court of Colorado (1 box).
02/01/2017	DISTRIBUTED for Conference of February 17, 2017.
02/15/2017	Rescheduled.
02/21/2017	DISTRIBUTED for Conference of February 24, 2017.
02/27/2017	DISTRIBUTED for Conference of March 3, 2017.
03/13/2017	DISTRIBUTED for Conference of March 17, 2017.
03/20/2017	DISTRIBUTED for Conference of March 24, 2017.
03/27/2017	DISTRIBUTED for Conference of March 31, 2017.
04/10/2017	DISTRIBUTED for Conference of April 13, 2017.
04/17/2017	DISTRIBUTED for Conference of April 21, 2017.
04/24/2017	DISTRIBUTED for Conference of April 28, 2017.
05/08/2017	DISTRIBUTED for Conference of May 11, 2017.
05/12/2017	Letter of May 12, 2017, from counsel for petitioner received. (Distributed)
05/15/2017	DISTRIBUTED for Conference of May 18, 2017.
05/22/2017	DISTRIBUTED for Conference of May 25, 2017.
05/30/2017	DISTRIBUTED for Conference of June 1, 2017.
06/05/2017	DISTRIBUTED for Conference of June 8, 2017.
06/12/2017	DISTRIBUTED for Conference of June 15, 2017.
06/19/2017	DISTRIBUTED for Conference of June 22, 2017.
06/26/2017	Motion for leave to file amicus brief filed by Foundation For Moral Law GRANTED.
06/26/2017	Petition GRANTED.
07/12/2017	The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 31, 2017.
07/12/2017	The time to file respondents' briefs on the merits is extended to and including October 23, 2017.
07/20/2017	Consent to the filing of amicus curiae briefs in support of either party, or of neither party, received from counsel for petitioners.
07/26/2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Colorado Civil Rights Commission.
08/30/2017	Brief amici curiae of Billy Graham Evangelistic Association, et al. filed.
08/31/2017	Joint appendix filed. (Statement of costs filed)
08/31/2017	Brief of petitioners Masterpiece Cakeshop, Ltd., et al. filed.
08/31/2017	Brief amici curiae of Indiana Family Institute, Inc., et al. filed.
09/01/2017	Brief amici curiae of Southeastern Legal Foundation, et al. filed.
09/06/2017	Brief amici curiae of Rev. Patrick Mahoney, et al. filed.
09/06/2017	Brief amici curiae of Ryan T. Anderson, Ph.D., et al. filed.
09/06/2017	Brief amici curiae of Cato Institute, et al. filed.
09/06/2017	Brief amicus curiae of Thomas More Society filed.
09/06/2017	Brief amicus curiae of Independence Law Center filed.
09/06/2017	Brief amici curiae of North Carolina Values Coalition and the Family Research Council filed.
09/06/2017	Brief amicus curiae of Foundation for Moral Law filed.
09/06/2017	Brief amici curiae of Law and Economics Scholars filed.
09/07/2017	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
09/07/2017	Brief amicus curiae of United States filed.
09/07/2017	Brief amici curiae of National Black Religious Broadcasters, et al. filed.
09/07/2017	Brief amici curiae of William Jack and The National Center for Law and Policy filed.
09/07/2017	Brief amici curiae of Cake Artists in support of neither party filed.
09/07/2017	Brief amici curiae of Mark Regnerus, et al. filed.
09/07/2017	Brief amicus curiae of Becket Fund for Religious Liberty filed.
09/07/2017	Brief amici curiae of Utah Republican State Senators filed.
09/07/2017	Brief amicus curiae of Agudath Israel of America filed.
09/07/2017	Brief amici curiae of International Christian Photographers and Center for Arizona Policy filed.
09/07/2017	Brief amici curiae of 34 Legal Scholars filed.
09/07/2017	Brief amici curiae of Public Advocate of the United States, et al. filed.
09/07/2017	Brief amici curiae of 33 Family Policy Organizations filed.
09/07/2017	Brief amicus curiae of Christian Business Owners Supporting Religious Freedom filed.
09/07/2017	Brief amici curiae of Center for Constitutional Jurisprudence and National Organization for Marriage filed.
09/07/2017	Brief amicus curiae of Sherif Girgis filed.
09/07/2017	Brief amicus curiae of Richard Lawrence filed.
09/07/2017	Brief amici curiae of Council for Christian Colleges and Universities (CCCU), et al. filed.
09/07/2017	Brief amici curiae of C 12 Group, et al. filed.
09/07/2017	Brief amici curiae of American College of Pediatricians, et al. filed.
09/07/2017	Brief amici curiae of Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed.
09/07/2017	Brief amici curiae of United States Senators and Representatives filed.
09/07/2017	Brief amicus curiae of Legal Scholar Adam J. MacLeod filed.
09/07/2017	Brief amicus curiae of Liberty Counsel filed.
09/07/2017	Brief amicus curiae of Institute for Justice in support of neither party filed.
09/07/2017	Brief amici curiae of Aaron and Melissa Klein filed.
09/07/2017	Brief amicus curiae of National Jewish Commission on Law and Public Affairs ("COLPA") filed on behalf of Orthodox Jewish Organizations filed.
09/07/2017	Brief amici curiae of Christian Legal Society, et al. filed.
09/07/2017	Brief amici curiae of Professors Christopher R. Green and David R. Upham filed.
09/07/2017	Brief amici curiae of 479 Creative Professionals filed.
09/07/2017	Brief amici curiae of Freedom X and Rabbi Dovid Bressman filed.
09/07/2017	Brief amici curiae of Restoring Religious Freedom Project filed.
09/07/2017	Brief amicus curiae of CatholicVote.org filed.
09/07/2017	Brief amicus curiae of Concerned Women for America filed.
09/07/2017	Brief amici curiae of National Legal Foundation, et al. filed.
09/07/2017	Brief amicus curiae of David Boyle in support of neither party filed.
09/07/2017	Brief amicus curiae of First Amendment Lawyers Association filed.
09/07/2017	Brief amici curiae of States of Texas, et al. filed.
09/07/2017	Brief amicus curiae of Christian Law Association filed.
09/20/2017	Motion for leave to intervene filed by Chris Sevier, et al.
09/28/2017	Motion for leave to intervene filed by John Gunter, Jr., et al.
10/04/2017	DISTRIBUTED for Conference of 10/27/2017.
10/06/2017	SET FOR ARGUMENT Tuesday, December 5, 2017
10/10/2017	Joint motion for divided argument filed by respondents.
10/20/2017	CIRCULATED
10/23/2017	Brief of respondent Colorado Civil Rights Commission filed. (Distributed)
10/23/2017	Brief of respondents Charlie Craig and David Mullins filed. (Distributed)
10/25/2017	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/25/2017	Brief amici curiae of Legal Scholars in Support of Equality filed. (Distributed)
10/25/2017	Brief amici curiae of Freedom of Speech Scholars filed. (Distributed)
10/26/2017	Brief amici curiae of Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders and American Society on Aging filed. (Distributed)
10/26/2017	Brief amici curiae of American Unity Fund, et al. filed. (Distributed)
10/26/2017	Brief amici curiae of Scholars of the Constitutional Rights and Interests of Children filed. (Distributed)
10/27/2017	Brief amicus curiae of Freedom From Religion Foundation filed. (Distributed)
10/30/2017	Motion of Chris Sevier, et al. for leave to intervene DENIED.
10/30/2017	Motion of John Gunter, Jr., et al. for leave to intervene DENIED.
10/30/2017	Brief amici curiae of the General Synod of the United Church of Christ, et al. filed. (Distributed)
10/30/2017	Brief amicus curiae of First Amendment Scholars filed. (Distributed)
10/30/2017	Brief amici curiae of Center for Inquiry, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of National Women's Law Center and Other Groups filed. (Distributed)
10/30/2017	Brief amici curiae of Chefs, Bakers, and Restaurateurs filed. (Distributed)
10/30/2017	Brief amici curiae of Washington Lawyers' Committee for Civil Rights and Urban Affairs, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Church-State Scholars filed. (Distributed)
10/30/2017	Brief amici curiae of GLBTQ Legal Advocates & Defenders, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Transgender Law Center, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Colorado Organizations and Individuals filed. (Distributed)
10/30/2017	Brief amici curiae of Americans United for Separation of Church and State, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of OutServe-SLDN, Inc., et al. filed. (Distributed)
10/30/2017	Brief amici curiae of American Psychological Association, et al. filed. (Distributed)
10/30/2017	Brief amicus curiae of American Bar Association filed. (Distributed)
10/30/2017	Brief amici curiae of Floyd Abrams, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Main Street Alliance, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Thirty-Seven Businesses and Organizations filed. (Distributed)
10/30/2017	Brief amici curiae of Ilan H. Meyer, PhD, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Central Conference of American Rabbis, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Corporate Law Professors filed. (Distributed)
10/30/2017	Brief amicus curiae of Civil Rights Forum filed. (Distributed)
10/30/2017	Brief amicus curiae of Professor Tobias B. Wolff filed. (Distributed)
10/30/2017	Brief amici curiae of 211 Members of Congress filed. (Distributed)
10/30/2017	Brief amici curiae of Former Representative Tony Coelho, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of 15 Faith and Civil Rights Organizations filed. (Distributed)
10/30/2017	Brief amici curiae of National LGBTQ Task Force, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Canadian Civil Liberties Association, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Public Accommodation Law Scholars filed. (Distributed)
10/30/2017	Brief amici curiae of Denver Metro Chamber of Commerce, et al. filed. (Distributed)
10/30/2017	Brief amicus curiae of Service Employees International Union filed. (Distributed)
10/30/2017	Brief amici curiae of Scholars of Behavioral Science and Economics filed. (Reprinted Copy Distributed)
10/30/2017	Brief amici curiae of Massachusetts, et al. filed. (Distributed)
10/30/2017	Brief amicus curiae of Tanenbaum Center for Interreligious Understanding filed. (Distributed)
10/30/2017	Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)
10/30/2017	Brief amicus curiae of Transgender Legal Defense and Education Fund filed. (Distributed)
10/30/2017	Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)
10/30/2017	Brief amici curiae of County of Santa Clara, Cities of New York and Los Angeles, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
10/30/2017	Brief amici curiae of National League of Cities, et al. filed. (Distributed)
11/21/2017	Joint motion for divided argument filed by respondents GRANTED.
11/21/2017	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
11/22/2017	Reply of petitioners Masterpiece Cakeshop, et al. filed. (Distributed)
12/05/2017	Argued. For petitioners: Kristen K. Waggoner, Scottsdale, Ariz.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For State respondent: Frederick R. Yarger, Solicitor General, Denver, Colo. For private respondents: David D. Cole, Washington, D. C.
01/08/2018	Letter of notice regarding clarification of the record filed by respondent Colorado Civil Rights Commission.
06/04/2018	Judgment REVERSED. Kennedy, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/17pdf/16-111_new2_22p3.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Breyer, Alito, Kagan, and Gorsuch, JJ., joined. Kagan, J., filed a concurring opinion, in which Breyer, J., joined. Gorsuch, J., filed a concurring opinion, in which Alito, J., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined.
07/06/2018	MANDATE ISSUED.
07/06/2018	JUDGMENT ISSUED.
08/14/2018	Record from the Court of Appeals of Colorado has been returned.