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Christian baker wins trans cake legal battle after 12 years

by Lydia Davies
Jack Phillips baker.JPG - Banner image
REUTERS/Rick Wilking/File Photo

The Colorado Supreme Court has dismissed a lawsuit filed against Christian baker Jack Phillips for refusing to bake a cake celebrating a gender transition on religious grounds.

The Christian Post reported that in a four-three decision, the court ruled that the case, brought by Autumn Scardina, had procedural issues.

Justice Melissa Hart explained that the Colorado Civil Rights Commission had previously dismissed Scardina's complaint without their involvement.

Despite acknowledging sufficient evidence for a discrimination case under the Colorado Anti-Discrimination Act, the court determined that Scardina improperly refiled the case in district court.

The case stems from Scardina's 2017 request for a custom cake to celebrate a gender transition, which Phillips declined, citing his Christian beliefs.

Phillips previously won a US Supreme Court case in 2018 for refusing to bake a same-sex wedding cake.

However, Justice Richard Gabriel, in his dissent, argued that the majority's ruling unfairly deprived Scardina of a chance to seek legal remedies and expressed concern that the ruling could be misconstrued as validating Phillips’ refusal of service based on opposition to certain protected groups.

Phillips and his legal team have maintained that their refusal was not discriminatory but a defense of their right to religious freedom, while Scardina's legal representatives argue that the baker's actions violated Colorado's anti-discrimination laws.

Although the dismissal does not address the First Amendment concerns, it effectively ends this particular case unless further appeals are pursued. 

Phillips’ refusal to create custom cakes with messages that contradict his faith has sparked ongoing legal battles since his initial US Supreme Court victory, where the Court sided with Phillips but did not fully settle broader issues about religious freedom and anti-discrimination laws.

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