(The Center Square) – A Colorado baker will appeal a Thursday ruling by the state Court of Appeals upholding that he violated antidiscrimination law by refusing to create a cake celebrating a gender transition.
It’s the latest ruling in a 10-year conflict between Colorado and Jack Phillips, the owner of Masterpiece Cakeshop in Lakewood. The U.S. Supreme Court ruled in favor of Phillips in 2018 in a 7-2 decision when he refused to make a wedding cake for a same-sex couple. The court found that a state commission violated Phillips’ religious freedoms, but didn’t rule that his right to freedom of speech was violated by anti-discrimination laws.
Thursday’s ruling involved a request from attorney Autumn Scardina for a blue and pink birthday cake to celebrate transitioning from male to female. It was requested by phone on the same day the Supreme Court agreed to hear the case involving Phillips.
Scardina filed a lawsuit alleging Masterpiece Cakeshop violated Colorado’s Anti-Discrimination Act, arguing a celebration message was denied because it conflicted with Phillips’ religious beliefs. Testimony revealed Phillips was willing to make the pink and blue cake for other celebrations, but not for a gender transition.
In a 43-page ruling, Judge Timothy Schutz wrote the lower-court’s finding was correct in concluding Phillips discriminated against Scardina because of her status as a trans woman.
“We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker,” Schutz wrote. “Thus, CADA does not compel Masterpiece and Phillips to speak through the creation and sale of such a cake to Scardina.”
A phone message to Scardina requesting comment on the ruling wasn’t immediately returned.
Jake Warner, an attorney with the Alliance Defending Freedom, argued the case before the court and said the state is misusing law to force Phillips to make statements he objects to.
“Free speech is for everyone,” Warner said in a statement. “No one should be forced to express a message that violates their core beliefs.”
The ADF is also representing Lorie Smith, a graphic designer who owns 303 Creative in Littleton, in a case challenging Colorado’s public-accommodation law on free speech grounds. The U.S. Supreme Court heard oral arguments last month. Smith argues the law is compelling her to speak against her religious beliefs by requiring her to create websites for same-sex couples.
Warner describes the state’s actions as cruel.
“One need not agree with Jack’s views to agree that all Americans should be free to say what they believe, even if the government disagrees with those beliefs,” Warner said. “The same law being used to punish Jack is also at issue now at the U.S. Supreme Court in 303 Creative v. Elenis. The court there should reject Colorado’s attempt to mandate orthodoxy and drive views it disfavors from the public square and affirm that graphic artist Lorie Smith and all artists – writers, painters, photographers, filmmakers, calligraphers, cake artists, and more – have the right to create freely without fear of government punishment. Cultural winds may shift, but freedom of speech is foundational to our self-government and to the free and fearless pursuit of truth.”
“Free speech is for everyone,” Warner said in a statement. “No one should be forced to express a message that violates their core beliefs.”
Bigotry is not necessarily always a bad thing. One need not tolerate or accept every belief or action of another.
It is better to be condemned by the dmonic Democrats for obeying God’s Word the Holy Bible and standing up for one’s morals and values.
Than to be on their knees bowing down for the crumbs and the whims of the corrupt and immoral demonic Democrats.
Times like this, i would LOVE TO SEE HIM Civilly sue everyone in the Colorado legislature PUSHING THIS nonsense.. Especially seeing as how the SCOTUS HAS ALREADY RULED IN HIS FAVOR.
“Transgender law”. Now, we have different laws for different people?? A legal landmine is being laid across the land and it is reaching the point where everybody is going to be guilty of something. It seems that we are all guilty until proven innocent—but innocence is becoming merely a mirage.
EVIL is running wild in america , what am i saying the whole world has lost its freaking mind.
when minority rules we all lose.
Read the Holy Bible the Word of God.
God told us that this was going to happen. It is a battle between God and Satan, the people of God and the people of Satan.
Don’t be fooled by the lies of Satan:
John 8:42-44 Jesus said to them, “If God were your Father, you would love me, for I have come here from God. I have not come on my own; God sent me. 43 Why is my language not clear to you? Because you are unable to hear what I say. 44 You belong to your father, the devil, and you want to carry out your father’s desires. He was a murderer from the beginning, not holding to the truth, for there is no truth in him. When he lies, he speaks his native language, for he is a liar and the father of lies.
Matthew 7:15-16 “Watch out for false prophets. They come to you in sheep’s clothing, but inwardly they are ferocious wolves. 16 By their fruit you will recognize them.
Heterophobia and heterophobic behavior does not negate my rights in any way.
Remember decades ago when homosexuals promised us that they didn’t want to indoctrinate our kids, they didn’t want any special privileges, they just wanted to be left alone? Now we have “gender education” in kindergarten, drag-queen story hour, and (literally) God help you if you express ANY negativity about the LGBTetc lifestyle. Contrary to their original “foot in the door” propaganda, we have reached a point where it isn’t good enough to just live and let live, we MUST state publicly that their perversion is not only acceptable, but is good and right and should be promoted. (This despite the fact that even the uber-left mental-health community believes that gender dysphoria is a mental condition that “transitioning” only makes worse.) This is a war that only Jesus can win.
Just as an aside, the blue/pink frosting on the cake is a great metaphor. It doesn’t matter what color you make the frosting, neither the frosting nor the cake really changes at all.
I also remember, all those who DID SPEAK out back then, saying “Just you wait, they will push for indoctrination, etc”. AND the left whined “You are just being conspirital and worry worts..
NOW LOOK at it!!