Colorado’s Supreme Court dismissed on procedural grounds a lawsuit against a Christian baker who refused to bake a cake for a transgender woman but declined to weigh in on the free speech issues that brought the case national attention.
Baker Jack Phillips was sued by attorney Autumn Scardina in 2017 after his Denver bakery refused to make a pink cake with blue frosting to celebrate her gender transition.
At issue was a required hearing in the case that was not granted to Scardina. The state Supreme Court determined that denial should have been taken up with an appeals court instead of a district court.
The Colorado Anti-Discrimination Act (CADA) has specific language on when an action can be filed in district court.
“None of the circumstances that permit an action in the district court occurred here,” Tuesday’s ruling reads. “We therefore vacate both the division’s and the district court’s orders and dismiss this case. In so doing, we express no opinion about the merits of Scardina’s claims, and nothing about today’s holding alters the protections afforded by CADA.”
Phillips scored a partial victory in a previous case before the U.S. Supreme Court after refusing to bake a cake for a gay couple’s wedding.
Attorneys representing Scardina expressed disappointment following Tuesday's ruling.
"We are very disappointed that the Colorado Supreme Court decided to avoid the merits of this issue by inventing an argument no party raised," a statement from the Fennemore Law Firm read in part. "It is a fundamental principle of our legal system that courts decide issues based on the arguments presented by the parties. For the Court to abandon that principle today does a disservice not just to Ms. Scardina, but to the entire state."
When asked if they would take this case to another court, Scardina's attorneys told Denver7 they are still evaluating their options.
Attorneys who represented Phillips in both cases, on the other hand, celebrated the dismissal of the case.
“Enough is enough. Jack has been dragged through courts for over a decade. It’s time to leave him alone,” said Jake Warner, senior counsel for Alliance Defending Freedom. “Free speech is for everyone. As the U.S. Supreme Court held in 303 Creative, the government cannot force artists to express messages they don’t believe. In this case, an attorney demanded that Jack create a custom cake that would celebrate and symbolize a transition from male to female. Because that cake admittedly expresses a message, and because Jack cannot express that message for anyone, the government cannot punish Jack for declining to express it. The First Amendment protects that decision.”
Past coverage:
- Masterpiece Cakeshop owner wants Colorado Supreme Court to take up case on gender transition cake request
- Colorado high court to hear case against Christian baker who refused to make LGBTQ-themed cake
- Masterpiece Cakeshop owner says he's lost 40% of business, welcomes SCOTUS hearing
- Supreme Court takes up Colorado same-sex wedding cake case
Read the full Colorado Supreme Court ruling below: