The justices called the commission unfairly dismissive of Phillips’ religious beliefs. In 2018, the Supreme Court ruled that the Colorado Civil Rights Commission had acted with anti-religious bias in enforcing the anti-discrimination law against Phillips after he refused to bake a cake celebrating the wedding of Charlie Craig and Dave Mullins in 2012. Scardina said the case was about the “dignity of LGBTQ Americans and Coloradans and the rule of law.” Phillips said he was fighting for the rights of all Americans to live according to their consciences “without fear of punishment” by government. He said whether or not Phillips sells a cake to someone cannot depend on what the client tells him when he is making the cake.īoth Scardina and Phillips spoke outside the court of larger issues involved. One of Scardina’s lawyers, John McHugh, said Scardina did not ask the shop to endorse her idea, just sell her a cake that they would sell anyone else. Judge Timothy Schutz noted Phillips’ wife initially told Scardina the bakery could make the cake before Scardina volunteered that the design was meant to celebrate her gender transition.
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He said requiring Phillips to create a cake with a message contrary to his religious beliefs amounts to forcing him to say something he does not believe, violating his right to free speech. Jake Warner, an attorney representing Phillips from the conservative Christian legal advocacy group Alliance Defending Freedom, said the ruling was wrong.
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At trial last year, Phillips, a Christian, testified he did not think someone could change genders and he would not celebrate “somebody who thinks that they can.”
The woman, Autumn Scardina, called Phillips’ suburban Denver cake shop in 2017 requesting a birthday cake that had blue frosting on the outside and was pink inside to celebrate her gender transition. DENVER (AP) - The Colorado baker who won a partial Supreme Court victory after refusing on religious grounds to make a gay couple’s wedding cake a decade ago is challenging a separate ruling he violated the state’s anti-discrimination law by refusing to make a cake celebrating a gender transition.Ī lawyer for Jack Phillips on Wednesday urged Colorado’s appeals court - largely on procedural grounds - to overturn last year’s ruling in a lawsuit brought by a transgender woman.
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