Case of gay couple's wedding cake heads to Supreme Court

Law Firm News

A Colorado clash between gay rights and religion started as an angry Facebook posting about a wedding cake but now has big implications for anti-discrimination laws in 22 states.

Baker Jack Phillips is challenging a Colorado law that says he was wrong to have turned away a same-sex couple who wanted a cake to celebrate their 2012 wedding.

The justices said Monday they will consider Phillips' case, which could affect all states. Twenty-two states include sexual orientation in anti-discrimination laws that bar discrimination in public accommodations.

Phillips argues that he turned away Charlie Craig and David Mullins not because they are gay, but because their wedding violated Phillips' religious belief.

After the couple was turned away in 2012, they complained about Masterpiece Cakeshop on Facebook, then filed a complaint with the Colorado Civil Rights Commission. The state sided with the couple.

"It solidified the right of our community to have a right to public accommodations, so future couples are not turned away from a business because of who they are," Mullins said Monday.

Phillips says that artisans cannot be compelled to produce works celebrating an event that violates the artist's religion. A lawyer for Phillips pointed out that another Denver-area baker was not fined for declining to bake a cake with an anti-gay message.

"The government in Colorado is picking and choosing which messages they'll support and which artistic messages they'll protect," said Kristen Waggoner of the Alliance Defending Freedom, which took the baker's case.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.

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