The Colorado Supreme Court has recently heard arguments in a lawsuit against Christian baker Jack Phillips, who refused to make a cake celebrating a gender transition. This case is one of three similar cases from the state that have pitted LGBTQ+ civil rights against First Amendment rights.
For those unfamiliar with this story, it all started back in 2012 when Phillips refused to bake a cake for a gay couple’s wedding. He partially prevailed before the U.S. Supreme Court in that case in 2018. However, his refusal to make cakes celebrating gender transitions has led to new lawsuits and challenges.
In this latest case, Autumn Scardina, a transgender woman and attorney, sued Phillips after he refused to make a pink cake with blue frosting for her birthday that also celebrated her gender transition. Scardina’s goal was not only to challenge Phillips’ statements about serving LGBTQ+ customers but also to test the limits of Colorado’s anti-discrimination law.
Phillips has maintained that his cakes are a form of speech protected under the First Amendment, and he will bake a cake for any customer as long as the message doesn’t clash with his beliefs. However, Scardina’s attorney argued that it’s not about the message but rather who Phillips is refusing to serve.
The Colorado Court of Appeals previously sided with Scardina, ruling that creating a pink cake with blue frosting was not inherently expressive and did not violate any laws or regulations. The court also found that the anti-discrimination law did not infringe upon business owners’ right to practice or express their religion.
This case is significant because it involves the intersection of free speech and LGBTQ+ rights, two areas where there has been ongoing debate in recent years. Both sides believe that this new U.S. Supreme Court ruling will bolster their arguments, which only adds to the complexity and importance of this issue.
Ultimately, this case highlights the need for greater understanding and acceptance among all individuals regardless of gender identity or sexual orientation. By challenging discriminatory practices like those exhibited by Phillips, we can work towards a more inclusive society where everyone is treated with dignity and respect.