The Colorado Supreme Court heard arguments in a case involving Christian baker Jack Phillips, who refused to make a cake to celebrate a gender transition. The case raises questions about LGBTQ+ civil rights versus First Amendment rights. In a previous case, Phillips had refused to bake a cake for a gay couple’s wedding, leading to a partial victory before the U.S. Supreme Court in 2018. The Colorado Supreme Court took Tuesday’s oral arguments under advisement without issuing an immediate ruling. The case began when Phillips agreed to make a cake for attorney Autumn Scardina but then declined after learning it would be used to celebrate a gender transition.
The Colorado Court of Appeals ruled in favor of Scardina, determining that the pink-and-blue cake she requested was not protected speech under the First Amendment, despite the absence of any writing on the cake. The Colorado Supreme Court justices questioned both sides about the limits of a baker’s right to refuse service under the Colorado Anti-Discrimination Act, which prohibits discrimination based on protected characteristics such as race, religion, or sexual orientation. Hypothetical scenarios were presented, such as whether Phillips would have made an identical cake for a different purpose, like celebrating the birth of twins.
Phillips’ attorney argued that the cakes he creates are protected free speech and that the message conveyed by the cake depends on the intended purpose. The attorney mentioned that while cakes may look identical, they can express different messages based on the context. Justice Maria Berkenkotter asked if Phillips would refuse to make a white cake with white frosting if it was meant to represent gender transition. Phillips emphasized that the symbolism in the cake would be lacking in such a scenario. Scardina’s attorney was asked whether Phillips would have made a rainbow-colored cake similar to those used to promote LGBTQ+ identity, to which he responded that Phillips would have made the same cake for other customers.
Phillips’ previous legal victory regarding a case involving a gay couple did not involve cake features but focused on the Colorado Civil Rights Commission’s treatment of his religious beliefs. Another recent case in Colorado involved a graphic artist, Lorie Smith, who challenged the state law regarding creating wedding websites for same-sex couples. The U.S. Supreme Court ruled in favor of Smith, stating that forcing her to create websites for same-sex weddings would violate her free speech rights. Both sides in the dispute over Scardina’s cake order believe that this new ruling strengthens their arguments in the ongoing legal battle. The Colorado Supreme Court has yet to issue a decision in this case.
