In 2018, the United States Supreme Court ruled that Colorado baker Jack Phillips could not be forced to make a custom wedding cake for a gay couple.
Yet nearly five years later, the Colorado Court of Appeals has said that Phillips must provide a cake celebrating a gender transition.
Plaintiff says baker objects “to the existence of transgender people”
According to the New York Post, judges sided with transgender attorney Autumn Scardina, who demanded that Phillips make a pink cake with blue frosting.
The cake was meant to be representative of Scardina’s male to female transition, something the Colorado Court of Appeals said that Phillips’ Masterpiece Cakeshop had to accommodate.
“We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker,” the Post quoted Thursday’s ruling as saying.
Meanwhile, Scardina’s lawyer was quoted as saying that Phillips refused to make the make because he objects “to the existence of transgender people.”
Phillips plans to appeal
However, Phillips has signaled his intention to appeal, contending that such a cake would convey a message which is antithetical to his values.
Phillips is being represented by attorney Jake Warner, who also serves as senior counsel for the conservative group Alliance Defending Freedom.
He argued in a statement that this week’s decision violates his client’s First Amendment rights, saying, “One need not agree with Jack’s views to agree that all Americans should be free to say what they believe, even if the government disagrees with those beliefs.”
Phillips discussed the legal battle during an interview last March with Fox News, saying, “This case started the day the Supreme Court decided they were going to hear our case.”
Phillips: Cake order was pretext for a lawsuit
“It was a very busy, very crazy day at the shop. In the middle of all of this chaos, we got a phone call from an attorney in Denver asking us to create a cake pink on the inside with blue icing on the outside,” he continued.
“It was two colors, a color scheme, a combination, designed to celebrate a gender transition,” Phillips went on to explain.
“We told the customer, this caller, that this cake was a cake we couldn’t create because of the message, the caller turned around and sued us,” the baker asserted.
“This customer came to us intentionally to get us to create a cake or deny creating a cake that went against our religious beliefs,” he added.