The Colorado Supreme Court declined to rule whether a Christian baker can refuse to make a gender-transition themed cake for a transgender customer. A technicality led to the case getting dismissed.
It all started when Autumn Scardina sued Jack Phillips in 2017 after the Denver-area baker said he would not make the celebratory pink cake with blue frosting.
The case was among several in Colorado involving LGBTQ rights versus First Amendment rights.
In 2018, Phillips received a partial victory before the U.S. Supreme Court after turning down a gay couple’s wedding cake request. Justices ruled he could refuse to make the cake because of his religious beliefs.
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Scardina filed a complaint against Phillips with the state and the Colorado Civil Rights Commission, before filing a lawsuit, which found probable cause he discriminated against Scardina.
In 2019, lawyers for the state and Phillips agreed to drop both cases under a settlement Scardina was not involved in. That’s when Scardina pursued a lawsuit against Phillips and his cakeshop.
Turns out Scardina didn’t file the lawsuit correctly, which is where the technicality came in.
Justices say Scardina should have challenged the state’s settlement with Phillips directly to the state’s Court of Appeals.
Scardina’s attorney said they are evaluating if there are any other legal options they can take.
Phillips’ attorney said his client has been mocked for years by those who don’t agree with him and that it is time to leave him alone.
