Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

Public accommodation laws have a long history and are basically meant to state that a business owner, whose business is open to the public, must serve all customers. A gay couple attempted to procure a cake from the Masterpiece Cakeshop in Denver, Colorado. The cakeshop owner refused to make the cake design required by the couple and the couple sued. The gay couple claims a Hohfeldian right (cakeshop with a duty) to be served as they wish and the cakeshop owners dispute this and claim a Hohfeldian privilege (gay couple with an exposure) as to whom they will serve. Economists have argued back and forth regarding the effectiveness of public law approaches to discrimination versus freedom of contract and competition pressures. Regardless, the question is to which party the legal rules give a right versus a privilege and who can impose costs on whom and the related idea of mutual coercion.