Christian Baker Will Make His Case Before Colorado’s Highest Court
Colorado’s highest court has decided to take up the case of a Christian baker who refused to make a cake celebrating a gender transition. This decision comes on the heels of a recent victory for graphic artist Lorie Smith, who was able to exercise her right to discriminate against same-sex couples without facing any consequences.
The baker, Jack Phillips, first made headlines in 2018 when he refused to make a wedding cake for a gay couple, claiming it went against his religious beliefs.
Now, Phillips is back in the spotlight for denying a transgender woman’s request for a cake celebrating her gender transition. The woman, Autumn Scardina, a lawyer herself, denies that her order was a “set up” meant to provoke a lawsuit. Rather, she says she was testing Phillips’ claim that he would serve LGBTQ+ customers.
The Colorado Supreme Court did not provide any explanation for their decision to hear the case, simply including it in a long list of cases they will be reviewing.
The case will center around the state’s anti-discrimination law, which prohibits businesses from refusing services based on protected characteristics such as sexual orientation or gender identity. The question at hand is whether designing a cake can be considered a form of speech and if forcing Phillips to make a cake with a message he disagrees with goes against his First Amendment right to free speech.
Interestingly, this case is reminiscent of another recent ruling by the U.S. Supreme Court. In the 303 Creative case, the court sided with Smith, stating that forcing her to create websites for same-sex weddings would violate her free speech rights. Both sides in this new case believe that the 303 Creative ruling will support their arguments.
Phillips’ lawyer, Jake Warner, praised the decision to hear the case, stating that it is a matter of every Coloradan’s freedom to express their beliefs. However, Scardina’s attorney, John McHugh, reminds the public that the anti-discrimination law is still in full force and businesses do not have the right to discriminate against anyone in Colorado.
The fact that Scardina attempted to order her cake on the same day the U.S. Supreme Court announced it would hear Phillips’ appeal in the wedding cake case is not lost on anyone.
It is unclear when the Colorado Supreme Court will hear this case.