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Lower courts in Colorado had concluded that Masterpiece Cakeshop and the bakery’s owner, Jack Phillips, had violated Autumn Scardina’s rights by refusing to make her a pink cake with blue frosting because of her identity as a transgender woman. Scardina had initially filed a discrimination complaint with the Colorado Civil Rights Division after Phillips refused to make the cake she wanted to order to celebrate her birthday and her identity as a transgender woman. Justice Melissa Hart, writing for the majority, said Scardina should have challenged that decision in an appeals court, rather than file a new lawsuit. The U.S. Supreme Court in 2018 ruled in Phillips’ favor but on narrow grounds that avoided setting a major precedent allowing people to claim religious exemptions from anti-discrimination laws. But in June 2023, in a case billed as a sort of sequel, the 6-3 conservative majority U.S. Supreme Court held the First Amendment protected web designer Lorie Smith from being compelled by Colorado to provide services to same-sex weddings.
Persons: Jack Phillips, Phillips, Scardina, Melissa Hart, Richard Gabriel, , construe, John McHugh, Scardina’s, ” Scardina, Phillips ’, Lorie Smith Organizations: U.S, Supreme, Colorado Supreme, Colorado Anti, Colorado Civil Rights, Defending, Colorado Civil, Phillips Locations: Colorado
The announcement by the Colorado Supreme Court is the latest development in the yearslong legal saga involving Jack Phillips and LGBTQ+ rights. Political Cartoons View All 1196 ImagesEarlier this year, the Colorado Court of Appeals sided with Scardina in the case, ruling that the cake was not a form of speech. “We are grateful that the Colorado Supreme Court will hear Jack Phillips’ case to hopefully uphold every Coloradan’s freedom to express what they believe,” said Jake Warner, Phillips' Alliance Defending Freedom attorney. Phillips maintains that the cakes he creates are a form of speech and asked the state Supreme Court to consider his appeal in April. Scardina, an attorney, attempted to order her cake on the same day in 2017 that the Supreme Court announced it would hear Phillips’ appeal in the wedding cake case.
Persons: Jack Phillips, Phillips, Autumn, Scardina, didn’t, Jack Phillips ’, , Jake Warner, “ Jack, Lorie Smith Organizations: DENVER, Supreme, Colorado Supreme, U.S, Scardina, Alliance Defending, Creative, Alliance Defending Freedom, Colorado, Associated Press, America Statehouse News Initiative, America Locations: Denver, Colorado, Scardina
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