The Colorado baker who won a partial Supreme Court victory after refusing on religious grounds to make a wedding cake for a gay couple a decade ago is challenging a separate ruling that he violated the state’s anti-discrimination law — this time over complaints he refused to make a birthday cake celebrating a gender transition
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. 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.”
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. 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. The high court did not rule then on the larger issue of whether a business can invoke religious objections to refuse service to LGBTQ people. But it will get another chance when it hears a different case in coming months challenging Colorado's anti-discrimination law.
Before filing suit, Scardina first filed a complaint against Phillips with the state and the civil rights commission, which found probable cause that Phillips had discriminated against her. Phillips then filed a federal lawsuit against Colorado, accusing it of a “crusade to crush” him by pursuing the complaint.
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