A 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 facing complaints he refused to make a birthday cake celebrating a gender transition.
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.
In 2018, the Supreme Court ruled that the Colorado Civil Rights Commission had acted with anti-religious bias in enforcing the anti-discrimination law against Phillips after he refused to bake a cake celebrating the wedding of Charlie Craig and Dave Mullins in 2012. The justices called the commission unfairly dismissive of Phillips’ religious beliefs.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.
Smith is also defended by Alliance Defending Freedom. Phillips’ lawyers unsuccessfully asked Colorado’s appeals court to delay hearing arguments in his challenge until after the Supreme Court rules in Smith’s case. 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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