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Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

Docket No. Op. Below Argument Opinion Vote Author Term
16-111 Colo. App. 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

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