Cake baker refuses gay cake
Colorado high court to hear case against Christian baker who refused to make trans-themed cake
On the heels of a U.S. Supreme Court victory this summer for a graphic artist who didn’t want to design wedding websites for gay couples, Colorado’s highest court said Tuesday it will now catch the case of a Christian baker who refused to construct a cake celebrating a gender transition.
The announcement by the Colorado Supreme Court is the latest development in the yearslong legal saga involving Jack Phillips and LGBTQ rights.
Phillips won a partial victory before the U.S. Supreme Court in after refusing to make a gay couple’s wedding cake.
He was later sued by Autumn Scardina, a transgender woman, after Phillips and his suburban Denver bakery refused to make a pink cake with blue frosting for her birthday and to commemorate her gender transition.
Scardina, an attorney, said she brought the lawsuit to “challenge the veracity” of Phillips’ statements that he would serve LGBTQ customers. Her attorney said her cake order was not a “set up” intended to file a lawsuit.
The Colorado Suprem
'Gay cake' row: What is the dispute about?
In October , the owners of the bakery lost their appeal against the judgment that their refusal to make a "gay cake" was discriminatory.
Appeal court judges said that, under rule, the bakers were not allowed to provide a service only to people who agreed with their religious beliefs, external.
Reacting to the ruling, Daniel McArthur from Ashers said he was "extremely disappointed" adding that it undermined "democratic freedom, religious freedom and free speech".
The firm then took the case to the Supreme Court and they won.
The UK's utmost court ruled the bakery's refusal to make a cake with a slogan supporting same-sex marriage was not discriminatory.
Then president of the Supreme Court, Lady Hale, ruled the bakers did not refuse to fulfil the order because of the customer's sexual orientation.
"They would have refused to make such a cake for any customer, irrespective of their sexual orientation," she said.
"Their objection was to the communication on the cake, not to
Bakers refusal to bake gay wedding cake
Masterpiece Cakeshop v. Colorado Civil Rights Commission, U.S. ___; S. Ct. ()
Summary
In a decision, the US Supreme Court overturned a choice of the Colorado Civil Rights Commission (Commission) that a baker could not refuse to exchange a wedding cake to a lgbtq+ couple. Jack Phillips, owner of Colorado bakery, Masterpiece Cakeshop, had refused to bake a wedding cake for a same-sex couple because same-sex marriage conflicted with his religious views. The couple filed a complaint with the Commission on the basis that the refusal violated state anti-discrimination laws that prohibit businesses from discriminating against customers based on sexual orientation. The Commission ordered the baker to bake the cake. The baker appealed to the Court of Appeals which agreed with the Commission. The baker appealed to the US Supreme Court (Court), which overturned the Commissions judgment on the basis that the Commission had not acted with the required neutrality towards religion.
The Court did not take the opportunity to opt o
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission ()
Excerpt: Majority Opinion, Justice Anthony Kennedy
In a same-sex couple visited Masterpiece Cakeshop, a bakery in Colorado, to make inquiries about ordering a cake for their wedding reception. The shop’s owner told the couple that he would not create a cake for their wedding because of his religious opposition to same-sex marriages—marriages the Articulate of Colorado itself did not recognize at that time. . . .
The case presents difficult questions as to the proper reconciliation of at least two principles. The first is the authority of a State and its governmental entities to shield the rights and dignity of gay persons who are, or wish to be, married but who face discrimination when they seek goods or services. The second is the right of all persons to exercise fundamental freedoms under the First Amendment, as applied to the States through the Fourteenth Amendment.
The freedoms asserted here are both the independence of speech and the free exercise of religion. The free speech aspect of this case is difficult, for