The Colorado Supreme Court ruled on Tuesday to dismiss a lawsuit filed against a Christian baker who declined to create a cake for a transgender individual. The court decided not to engage with the free speech matters that had brought significant attention to the case on a national level.
Jack Phillips, the baker in question, faced legal action from attorney Autumn Scardina in 2017 after his bakery in the Denver area refused to design a cake adorned with pink and blue frosting for her gender transition celebration. In a 6-3 decision, the justices determined that Scardina had not fully utilized her available legal remedies in other courts prior to bringing her lawsuit.
Justice Melissa Hart, writing for the majority, clarified, “We express no view on the merits of these claims.” Phillips’ representative, Jake Warner from the Alliance for Defending Freedom, argued that the baker’s refusal was a matter of protected free speech, emphasizing that Scardina’s intentions regarding the cake were a significant factor in the case.
Warner articulated his concerns regarding the ongoing pressures Phillips has faced, stating, “Enough is enough. Jack has been dragged through courts for over a decade. It’s time to leave him alone.” Meanwhile, Scardina’s lawyer, John McHugh, expressed disappointment with the ruling and indicated that they were exploring remaining legal options.
McHugh criticized the court for sidestepping the main issue by introducing a procedural argument that no one had raised. Dissenting justices contended that the ruling effectively allowed Phillips to evade accountability, pointing out that every judicial body that reviewed the case had determined that the baker’s actions violated the Colorado Anti-Discrimination Act.
The dissenters also expressed concern that Phillips might misinterpret the ruling as a form of validation. Nevertheless, Hart noted that the ruling does not change the existing protections under the anti-discrimination law. This lawsuit was among a series in Colorado that highlight the tension between LGBTQ+ civil rights and First Amendment freedoms. In 2018, Phillips achieved a partial victory in the U.S. Supreme Court after refusing service to a gay couple for their wedding cake.
The case attracted the attention of numerous attorneys general from Republican-led states, who filed a joint brief in favor of Phillips. On the other hand, Scardina’s supporters, including advocacy groups, warned that ruling in favor of Phillips on First Amendment grounds could undermine Colorado’s discrimination prohibitions.
Scardina attempted to order the cake on the same day the U.S. Supreme Court announced it would hear Phillips’ case regarding the wedding cake. She contended that her actions were not a setup for litigation but rather a challenge to Phillips’ assertion that he served LGBTQ+ customers. Prior to her lawsuit, Scardina had lodged a complaint with the state and the Colorado Civil Rights Commission, which found enough evidence to suggest that discrimination had occurred.
In March 2019, both parties agreed to dismiss the related cases, resulting in a settlement that did not involve Scardina. However, she pursued her separate lawsuit against both Phillips and Masterpiece Cakeshop. Justices indicated that her case took a misstep since she neglected to challenge the state’s settlement with Phillips directly at the court of appeals.
Eventually, a state judge ruled in 2021 that Phillips had violated the anti-discrimination law by refusing the cake order. The judge clarified that the case focused on the denial of a service rather than issues of compelled speech. The Colorado Court of Appeals sided with Scardina, concluding that the cake request—which did not include any written message—did not constitute protected speech under the First Amendment.
