A Colorado baker lost an appeal this week, after refusing to make a cake for a transgender customer. The Colorado Appeals Court voted in favor of Autumn Scardina, who ordered a pink cake with blue frosting from Jack Phillips and Masterpiece Cakeshop. The court argued that Phillips’ case was not a form of speech. stating: “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,” said the court in denying Phillips’ appeal.
In 2018, Phillips appeared before the Supreme Court after refusing to bake a cake for the wedding of Charlie Craig and Dave Mullins in 2012. They ruled that the Colorado Civil Rights Commission had acted with anti-religious bias in pushing an anti-discrimination clause on Phillips. The justices called the commission clearly dismissive of Phillips’s religious belief.
Scardina placed the order on the same day that Phillips was granted an appeal for his original case. While the cakeshop initially accepted the order, they denied it after learning what it was for.
John McHugh, one of the lawyers representing Scardina on the case, argued that Phillips refused to make this cake because they object to the idea of transgender people, and thus object to the idea of Scardina celebrating her transition.
Phillips, who is being represented by Alliance Defending Freedom, argues that his cakes are a form of speech and is planning to appeal the current ruling.
