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San Diego council to support Colorado in gay rights ‘wedding cake’ case

In 2012, Colorado baker Jack Phillips says he politely declined to make a wedding cake for Charles Craig and David Mullins.

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San Diego City Council members voted on Tuesday to support gay rights in an upcoming U.S. Supreme Court case over a cake shop owner who categorically refused to sell wedding cakes to same-sex couples.

San Diego joins several other cities, counties and mayors that have voted to participate in the filing of an amicus brief in support of the Colorado Civil Rights Commission and the state’s anti-discrimination laws.

The council voted 6-1 in a session closed to the public, with Republican Scott Sherman voting “no” and Republicans Chris Cate and Mark Kersey absent.

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The six votes in favor came from Republican Lorie Zapf and the council’s five Democrats.

“This is a blatant act of discrimination,” Councilman David Alvarez said after the vote. “I support the amicus brief because I support equal rights.”

City Attorney Mara Elliott said San Diego’s support is important because a ruling against Colorado could have a ripple effect across the country.

“The City Council’s action reflects the values of our city,” Elliott said. “If the Supreme Court does not support Colorado in this case, any form of discrimination will be permissible as long as it’s consistent with a religious belief. Anti-discrimination laws, including San Diego’s, would become unenforceable.”

The baker, Jack Phillips, argues that the state’s anti-discrimination laws violate his First Amendment free speech rights and his religious beliefs.

Colorado argues it was illegal for Phillips to refuse to make a wedding cake for same-sex couple Charlie Craig and David Mullins in 2012, because businesses that serve the public must abide by anti-discrimination laws.

The U.S. Supreme Court is scheduled to hear oral arguments in the case on Dec. 5.

The Trump administration filed a brief in support of Phillips last month.

This isn’t the first time that Elliott brought forth a proposal for San Diego to get involved in controversial cases elsewhere in the nation.

In February, she asked whether the council would file a brief in the state of Washington’s suit against the Trump administration’s travel ban. While the council supported joining the suit, some Republicans questioned why she brought it up and said it’s not a local matter.

Elliott said another city had requested San Diego join the suit and that her job required her to bring that to the council for consideration.

It’s common for interested parties, including average citizens, legal advocacy groups and cities, to enter an amicus curiae brief in support of a position on cases in appeal.

david.garrick@sduniontribune.com (619) 269-8906 Twitter:@UTDavidGarrick

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