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Issue Brief: The Broader Danger of the Masterpiece Cakeshop Case

The Bottom Line

In December 2017, the U.S. Supreme Court will consider the landmark case Masterpiece Cakeshop vs. Colorado Civil Rights Commission. This issue brief provides an analysis of the legal questions in the case, and the broad legal implications the case will have on people color, women, minority faiths, people with disabilities and others. This issue brief was released in conjunction with the Open To All campaign.

  • Issue Brief: The Broader Dangers of the Masterpiece Cakeshop CaseDownload

The Bottom Line

In December 2017, the U.S. Supreme Court will consider the landmark case Masterpiece Cakeshop vs. Colorado Civil Rights Commission. This issue brief provides an analysis of the legal questions in the case, and the broad legal implications the case will have on people color, women, minority faiths, people with disabilities and others. This issue brief was released in conjunction with the Open To All campaign.

  • Issue Brief: The Broader Dangers of the Masterpiece Cakeshop CaseDownload

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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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