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Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

Docket No.16-111
Op. BelowColo. App.
ArgumentDec 5, 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 Anthony McLeod Kennedy on Jun 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.

Proceedings & orders timeline

Jul 22, 2016
Petition for a writ of certiorari filed. (Response due August 24, 2016)
Aug 4, 2016
Waiver of right of respondents Colorado Civil Rights Commission, et al. to respond filed.
Aug 11, 2016
Order extending time to file response to petition to and including September 23, 2016, for all respondents.
Aug 22, 2016
Motion for leave to file amicus brief filed by Foundation For Moral Law.
Aug 23, 2016
Waiver of right of respondents Charlie Craig and David Mullins to respond filed.
Aug 24, 2016
DISTRIBUTED for Conference of September 26, 2016.
Aug 31, 2016
Response Requested. (Due September 30, 2016)
Sep 15, 2016
Order extending time to file response to petition to and including November 29, 2016, for all respondents.
Nov 28, 2016
Brief of respondents Charlie Craig and David Mullins in opposition filed.
Nov 29, 2016
Brief of respondent Colorado Civil Rights Commission in opposition filed.
Dec 12, 2016
Reply of petitioners Masterpiece Cakeshop, Ltd., et al. filed.
Dec 14, 2016
DISTRIBUTED for Conference of January 6, 2017.
Jan 3, 2017
Rescheduled.
Jan 9, 2017
DISTRIBUTED for Conference of January 13, 2017.
Jan 10, 2017
Record Requested.
Jan 30, 2017
Record received from the Supreme Court of Colorado (1 box).
Feb 1, 2017
DISTRIBUTED for Conference of February 17, 2017.
Feb 15, 2017
Rescheduled.
Feb 21, 2017
DISTRIBUTED for Conference of February 24, 2017.
Feb 27, 2017
DISTRIBUTED for Conference of March 3, 2017.
Mar 13, 2017
DISTRIBUTED for Conference of March 17, 2017.
Mar 20, 2017
DISTRIBUTED for Conference of March 24, 2017.
Mar 27, 2017
DISTRIBUTED for Conference of March 31, 2017.
Apr 10, 2017
DISTRIBUTED for Conference of April 13, 2017.
Apr 17, 2017
DISTRIBUTED for Conference of April 21, 2017.
Apr 24, 2017
DISTRIBUTED for Conference of April 28, 2017.
May 8, 2017
DISTRIBUTED for Conference of May 11, 2017.
May 12, 2017
Letter of May 12, 2017, from counsel for petitioner received. (Distributed)
May 15, 2017
DISTRIBUTED for Conference of May 18, 2017.
May 22, 2017
DISTRIBUTED for Conference of May 25, 2017.
May 30, 2017
DISTRIBUTED for Conference of June 1, 2017.
Jun 5, 2017
DISTRIBUTED for Conference of June 8, 2017.
Jun 12, 2017
DISTRIBUTED for Conference of June 15, 2017.
Jun 19, 2017
DISTRIBUTED for Conference of June 22, 2017.
Jun 26, 2017
Motion for leave to file amicus brief filed by Foundation For Moral Law GRANTED.
Jun 26, 2017
Petition GRANTED.
Jul 12, 2017
The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 31, 2017.
Jul 12, 2017
The time to file respondents' briefs on the merits is extended to and including October 23, 2017.
Jul 20, 2017
Consent to the filing of amicus curiae briefs in support of either party, or of neither party, received from counsel for petitioners.
Jul 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.
Aug 30, 2017
Brief amici curiae of Billy Graham Evangelistic Association, et al. filed.
Aug 31, 2017
Joint appendix filed. (Statement of costs filed)
Aug 31, 2017
Brief of petitioners Masterpiece Cakeshop, Ltd., et al. filed.
Aug 31, 2017
Brief amici curiae of Indiana Family Institute, Inc., et al. filed.
Sep 1, 2017
Brief amici curiae of Southeastern Legal Foundation, et al. filed.
Sep 6, 2017
Brief amici curiae of Rev. Patrick Mahoney, et al. filed.
Sep 6, 2017
Brief amicus curiae of Thomas More Society filed.
Sep 6, 2017
Brief amici curiae of Cato Institute, et al. filed.
Sep 6, 2017
Brief amici curiae of Ryan T. Anderson, Ph.D., et al. filed.
Sep 6, 2017
Brief amicus curiae of Independence Law Center filed.
Sep 6, 2017
Brief amici curiae of North Carolina Values Coalition and the Family Research Council filed.
Sep 6, 2017
Brief amicus curiae of Foundation for Moral Law filed.
Sep 6, 2017
Brief amici curiae of Law and Economics Scholars filed.
Sep 7, 2017
Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
Sep 7, 2017
Brief amici curiae of Utah Republican State Senators filed.
Sep 7, 2017
Brief amicus curiae of Liberty Counsel filed.
Sep 7, 2017
Brief amicus curiae of United States filed.
Sep 7, 2017
Brief amici curiae of National Black Religious Broadcasters, et al. filed.
Sep 7, 2017
Brief amici curiae of William Jack and The National Center for Law and Policy filed.
Sep 7, 2017
Brief amici curiae of Mark Regnerus, et al. filed.
Sep 7, 2017
Brief amicus curiae of Becket Fund for Religious Liberty filed.
Sep 7, 2017
Brief amici curiae of Cake Artists in support of neither party filed.
Sep 7, 2017
Brief amicus curiae of Agudath Israel of America filed.
Sep 7, 2017
Brief amici curiae of 33 Family Policy Organizations filed.
Sep 7, 2017
Brief amici curiae of International Christian Photographers and Center for Arizona Policy filed.
Sep 7, 2017
Brief amici curiae of Center for Constitutional Jurisprudence and National Organization for Marriage filed.
Sep 7, 2017
Brief amici curiae of 34 Legal Scholars filed.
Sep 7, 2017
Brief amicus curiae of Sherif Girgis filed.
Sep 7, 2017
Brief amici curiae of Public Advocate of the United States, et al. filed.
Sep 7, 2017
Brief amicus curiae of Christian Business Owners Supporting Religious Freedom filed.
Sep 7, 2017
Brief amicus curiae of Richard Lawrence filed.
Sep 7, 2017
Brief amici curiae of Council for Christian Colleges and Universities (CCCU), et al. filed.
Sep 7, 2017
Brief amici curiae of United States Senators and Representatives filed.
Sep 7, 2017
Brief amici curiae of American College of Pediatricians, et al. filed.
Sep 7, 2017
Brief amici curiae of Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed.
Sep 7, 2017
Brief amici curiae of C 12 Group, et al. filed.
Sep 7, 2017
Brief amicus curiae of Institute for Justice in support of neither party filed.
Sep 7, 2017
Brief amici curiae of Aaron and Melissa Klein filed.
Sep 7, 2017
Brief amicus curiae of National Jewish Commission on Law and Public Affairs ("COLPA") filed on behalf of Orthodox Jewish Organizations filed.
Sep 7, 2017
Brief amici curiae of Christian Legal Society, et al. filed.
Sep 7, 2017
Brief amicus curiae of Legal Scholar Adam J. MacLeod filed.
Sep 7, 2017
Brief amici curiae of Professors Christopher R. Green and David R. Upham filed.
Sep 7, 2017
Brief amici curiae of Freedom X and Rabbi Dovid Bressman filed.
Sep 7, 2017
Brief amici curiae of 479 Creative Professionals filed.
Sep 7, 2017
Brief amici curiae of Restoring Religious Freedom Project filed.
Sep 7, 2017
Brief amicus curiae of First Amendment Lawyers Association filed.
Sep 7, 2017
Brief amici curiae of States of Texas, et al. filed.
Sep 7, 2017
Brief amicus curiae of CatholicVote.org filed.
Sep 7, 2017
Brief amicus curiae of Concerned Women for America filed.
Sep 7, 2017
Brief amici curiae of National Legal Foundation, et al. filed.
Sep 7, 2017
Brief amicus curiae of David Boyle in support of neither party filed.
Sep 7, 2017
Brief amicus curiae of Christian Law Association filed.
Sep 20, 2017
Motion for leave to intervene filed by Chris Sevier, et al.
Sep 28, 2017
Motion for leave to intervene filed by John Gunter, Jr., et al.
Oct 4, 2017
DISTRIBUTED for Conference of 10/27/2017.
Oct 6, 2017
SET FOR ARGUMENT Tuesday, December 5, 2017
Oct 10, 2017
Joint motion for divided argument filed by respondents.
Oct 20, 2017
CIRCULATED
Oct 23, 2017
Brief of respondent Colorado Civil Rights Commission filed. (Distributed)
Oct 23, 2017
Brief of respondents Charlie Craig and David Mullins filed. (Distributed)
Oct 25, 2017
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 25, 2017
Brief amici curiae of Legal Scholars in Support of Equality filed. (Distributed)
Oct 25, 2017
Brief amici curiae of Freedom of Speech Scholars filed. (Distributed)
Oct 26, 2017
Brief amici curiae of Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders and American Society on Aging filed. (Distributed)
Oct 26, 2017
Brief amici curiae of American Unity Fund, et al. filed. (Distributed)
Oct 26, 2017
Brief amici curiae of Scholars of the Constitutional Rights and Interests of Children filed. (Distributed)
Oct 27, 2017
Brief amicus curiae of Freedom From Religion Foundation filed. (Distributed)
Oct 30, 2017
Motion of Chris Sevier, et al. for leave to intervene DENIED.
Oct 30, 2017
Brief amici curiae of 15 Faith and Civil Rights Organizations filed. (Distributed)
Oct 30, 2017
Motion of John Gunter, Jr., et al. for leave to intervene DENIED.
Oct 30, 2017
Brief amici curiae of the General Synod of the United Church of Christ, et al. filed. (Distributed)
Oct 30, 2017
Brief amicus curiae of First Amendment Scholars filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Center for Inquiry, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of National Women's Law Center and Other Groups filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Chefs, Bakers, and Restaurateurs filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Washington Lawyers' Committee for Civil Rights and Urban Affairs, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Church-State Scholars filed. (Distributed)
Oct 30, 2017
Brief amici curiae of GLBTQ Legal Advocates & Defenders, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Transgender Law Center, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Colorado Organizations and Individuals filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Americans United for Separation of Church and State, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of OutServe-SLDN, Inc., et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of American Psychological Association, et al. filed. (Distributed)
Oct 30, 2017
Brief amicus curiae of American Bar Association filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Floyd Abrams, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Main Street Alliance, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Thirty-Seven Businesses and Organizations filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Ilan H. Meyer, PhD, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Central Conference of American Rabbis, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Corporate Law Professors filed. (Distributed)
Oct 30, 2017
Brief amicus curiae of Civil Rights Forum filed. (Distributed)
Oct 30, 2017
Brief amicus curiae of Professor Tobias B. Wolff filed. (Distributed)
Oct 30, 2017
Brief amici curiae of 211 Members of Congress filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Former Representative Tony Coelho, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of National LGBTQ Task Force, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Canadian Civil Liberties Association, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Public Accommodation Law Scholars filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Denver Metro Chamber of Commerce, et al. filed. (Distributed)
Oct 30, 2017
Brief amicus curiae of Service Employees International Union filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Scholars of Behavioral Science and Economics filed. (Reprinted Copy Distributed)
Oct 30, 2017
Brief amici curiae of Massachusetts, et al. filed. (Distributed)
Oct 30, 2017
Brief amicus curiae of Tanenbaum Center for Interreligious Understanding filed. (Distributed)
Oct 30, 2017
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)
Oct 30, 2017
Brief amicus curiae of Transgender Legal Defense and Education Fund filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of County of Santa Clara, Cities of New York and Los Angeles, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
Oct 30, 2017
Brief amici curiae of National League of Cities, et al. filed. (Distributed)
Nov 21, 2017
Joint motion for divided argument filed by respondents GRANTED.
Nov 21, 2017
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 22, 2017
Reply of petitioners Masterpiece Cakeshop, et al. filed. (Distributed)
Dec 5, 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.
Jan 8, 2018
Letter of notice regarding clarification of the record filed by respondent Colorado Civil Rights Commission.
Jun 4, 2018
Judgment 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 6, 2018
MANDATE ISSUED.
Jul 6, 2018
JUDGMENT ISSUED.
Aug 14, 2018
Record from the Court of Appeals of Colorado has been returned.

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