Baker who refused to make gay wedding cake has now refused to make cake for trans woman

Picture: Jack Phillips
Picture: Jack Phillips
Rick Wilking/ Reuters

You might recall a story from a few months back involving a Colorado baker who refused to make a cake for a same-sex wedding.

The case was taken to the Supreme Court, which ruled in favour of Jack Phillips on the basis of his religious beliefs, and found that the Colorado Civil Rights Commission had shown hostility towards him and violated US religious protection laws.

Now, he has found himself back in a similar situation after refusing to bake a cake for a transgender woman's birthday.

Phillips, who owns the Masterpiece Cakeshop in Lakewood, Colorado, filed a lawsuit in the US District Court stating that he is suing the states civil rights officials and governor as he cannot bake cakes that "celebrate events" contradictory to his religious beliefs that sex is "biologically determined."

The lawsuit also mentions other cakes that Phillips has refused to make, including cakes that 'demean LGBT people' and cakes that celebrate Halloween.

The woman in question is Denver lawyer Autumn Scardina who had ordered the cake on June 26 2017, which just happened to be the same date that the Supreme Court agreed to hear the wedding cake case.

Scardina had requested a cake that had a blue exterior and a pink interior which symbolised her transition. When she was turned away, she filed a charge of discrimination statement to the CCRC.

In the statement, she declares:

I believe I was unlawfully discriminated against because: of my protected class(es) in violation of the Colorado Anti-Discrimination Act on or about June 26, 2017.

I was denied full and equal enjoyment of a place of public accommodation. Specifically, the Respondent refused to prepare my order for a cake with pink interior and blue exterior, which I disclosed was intended for the celebration of my transition from male to female. 

Furthermore, the Respondent indicated to me that to prepare such a cake would be against their religious beliefs.

The Colorado Anti-Discrimination Act forbids public places from discriminating against people on sex and sexual orientation.

In response, the commission found that Phillips had broken the law by refusing to make Scardina's cake. They are quoted as saying by BuzzFeed:

A claim of discriminatory denial of full and equal enjoyment of a place of public accommodation has been established.

However, the Christian legal group which is defending Phillips, the Alliance Defending Freedom, has argued that Colorado's protections for transgender people is "blatantly and brazenly hostile toward religion."

The group filed the lawsuit first and Phillips had also asked the court to block the state from enforcing non-discrimination law in the case as it infringed upon his First Amendment rights, religious freedom and free speech.

Reports would indicate that this case is different to his previous success in the Supreme Court, as the lawsuit does not show any specific examples of the Commission being 'hostile' towards Phillips, like they were found to be in the wedding cake case.

In addition, this cake was not to be used as part of a ceremony, which removes his objection that a cake like this would violate his religious beliefs.

HT Daily Dot

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