Wisconsin’s marriage equality couples reflect on next big case: Masterpiece Cakeshop

The ACLU calls Masterpiece Cakeshop v. Colorado Civil Rights Commission the next frontier in the fight for civil rights.

The U.S. Supreme Court will hear oral argument in the case Dec. 5.

The dispute is over whether a business open to the public has a constitutional right to discriminate, and the case developed from a 20-30 second encounter between a same-sex couple and a baker in Lakewood, Colorado.

David Mullins and Charlie Craig went to Masterpiece Cakeshop in July 2012 to order a cake for their wedding reception. At the time, they were planning to marry in Massachusetts and then celebrate with family and friends in Colorado.

Bakery owner Jack Phillips refused to make a cake citing his Christian faith. His refusal of service led to a fight in the Colorado judicial system and now the U.S. Supreme Court.

WiG's cover story Nov. 30 examines the case and Wisconsin supporters of the equality battle waged by David Mullins and Charlie Craig.

WiG also collected perspectives from several people who played a major role in the legal battle that won marriage equality in Wisconsin. That case, brought by the ACLU of Wisconsin, was Wolf v. Walker and the plaintiffs included Roy Badger and Garth Wangemann and Charvonne Kemp and Marie Carlson.

Here’s what Wisconsin marriage equality plaintiffs Charvonne Kemp and Marie Carlson had to say weeks before the argument in Masterpiece Cakeshop:

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WiG: As you prepared for your wedding day, did you wonder if you would experience mistreatment or discrimination?

Charvonne Kemp: I am guessing you mean our marriage, and I was more preparing for the loss of friends. In day-to-day living, being a black female in America, I am always on guard.

Marie Carlson: Pretty much the same for me, other than being a black female, preparing for our wedding was just preparing for my wedding.

WiG: We’ve heard this argument about Masterpiece Cakeshop: If a baker refuses to bake you a cake, why not just go to another baker? Why would anyone want to do business with an anti-LGBT baker? What do you think?

CK: I am of the mind that when a person opens up a public business they are aware they are serving a diverse community of individuals. That their refusal of service to any person would be based on strictly that the individual seeking their services are respectful and civil to them. It never entered my head that someone would go into business to not serve a particular group of people because of their private opinions about said individuals.

MC: I believe if you are in business to serve the public, then you need to set aside your personal beliefs and serve everyone. If you plan to be exclusive, you can't expect the general public to be understanding.

WiG: What’s it like to be a high-profile plaintiff?

CK: It was an incredible experience and I was able to meet some awesome people, hear beautiful stories and established a second family with the co-plaintiffs and the ACLU of Wisconsin.

MC: It's like literally your 15 minutes of fame. It goes away as soon as the cameras go away. But the feeling of knowing we changed the actual law that affects so many people, that feeling will never go away.

WiG: There’s been a lot of attention to the friend-of-the-court briefs filed in this case. There’ve been so many briefs and so many friends. Did you pay much attention to who was a “friend” in your case? What did the support mean to you personally?

CK: We did. The support meant a lot. It helped to know we weren't alone. That there was this large outpouring of people who understood that love is love.

MC: Having the support is amazing.

WiG: Do you have any advice for David Mullins and Charlie Craig as they prepare for oral arguments in December?

CK: Take this opportunity to see and feel the love and support of those around you. Build on those moments of feeling like you are making a difference and you matter. And that what you are doing will make a difference for generations to come. Mostly, enjoy the process and remember to relax and still have fun.

MC: My advice would be to just always, always stay positive.

WiG: Last question, did you have a wedding cake?

CK and MC: Actually we did a wedding cupcake tower. A friend's husband was just starting his baking business at the time and he made the cupcakes and the deserts for us. It was Best Friends Bakery in Indiana.

And here’s what Wisconsin marriage equality plaintiff Roy Badger had to say weeks before the argument in Masterpiece Cakeshop:

WiG: Did you encounter any bias or discrimination as you were preparing for the celebration?

Roy Badger: We had a ceremony and reception Nov. 8, 2014, at Bethel Bethany United Church of Christ in Milwaukee. No, we did not experience any discrimination.

WiG: As you prepared for that day, did you wonder if you would experience mistreatment or discrimination?

RB: No. But we did not invite two of my brothers and their families, as they have never been supportive. Actually, I never came “out” to them our entire relationship due to this.

WiG: Having been involved in a major equality case, what do you have to say about the experience? What’s it like to be a high-profile plaintiff?

RB: We are so proud of what we accomplished! We were quite nervous in the beginning, but it turned out so surprisingly well. When I returned to work the very first day after the filing of the lawsuit in Madison, and being on local TV that night, I was approached by strangers recognizing me and wanting to shake my hand.

I was in tears.

That weekend when Garth and I did routine grocery shopping at Woodman’s in Oak Creek, we were approached by a guy asking if we were “those guys on TV?” We thought, here comes the bigotry, but the guy shook our hands to compliment us! We never did get anything but support, except one piece of hate mail from West Virginia.

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