We can not know for sure whether Gorsuch voted to take up this case - but it is notable that the Court decided not to consider this issue when Justice Antonin Scalia was still alive.
The court will review a Colorado court decision that found baker Jack Phillips and his Masterpiece Cakeshop discriminated against the gay couple under Colorado law. They sued after the state said it would put only the name of the birth mother on the birth certificate but not her female spouse.
Shannon Minter, legal director for the National Center for Lesbian Rights, which had petitioned the US high court along with attorneys for the couples, said similar issues are being litigated in other states but Arkansas was the only court to rule this way.
The state argued that the two couples should have challenged the state's artificial insemination statute rather than its birth certificate law.
"Nothing in the record supports the conclusion that a reasonable observer would interpret Masterpiece's providing a wedding cake for a same-sex couple as an endorsement of same-sex marriage rather than a reflection of its desire to conduct business in accordance with Colorado's public accommodations law", the court ruled.
"Even if other members of the Court do not agree that the Second Amendment likely protects a right to public carry, the time has come for the Court to answer this important question definitively", Justice Thomas wrote.More news: AP report: 76ers, Celtics agree on trade for top pick
Based on the Supreme Court's earlier decision on same-sex marriage, the court said, Arkansas can not deny married same-sex couples that recognition.
"Craig and Mullins filed a civil rights complaint and won, first before an administrative court judge, then before the state Civil Rights Commission, and finally before the Colorado Court of Appeals", USA Today reported.
"It is undisputed that the Colorado Civil Rights Commission ... does not apply CADA [Colorado Anti-Discrimination Act] to ban (1) an African-American cake artist from refusing to create a cake promoting white-supremacism for the Aryan Nation, (2) an Islamic cake artist from refusing to create a cake denigrating the Quran for the Westboro Baptist Church, and (3) three secular cake artists from refusing to create cakes opposing same-sex marriage for a Christian patron", the petition to the Supreme Court stated.
The case concerns a Colorado cake artist who refused to make a cake for a same-sex couple claiming that to do so violated his religious liberty under the federal constitution. We are all at risk when government is able to punish citizens like Jack just because it doesn't like how he exercises his artistic freedom. "Thus, he declined to create custom art for a specific event because of the message it communicated, not because of the persons requesting it".
People gather outside the Supreme Court in Washington on Monday. "We hope the Supreme Court will affirm how illegitimate that is". Many have been distributed and received with gladness.