Colorado court rules against Christian baker

As a result, the ruling concluded that state law does not force speech. (Photo by David Holifield from Unsplash)

In a report by the Denver Catholic, the Colorado appellate court has decided against a baker who once again went to court for refusing to create a cake that goes against his religious convictions.

Reason for Court’s Decision

On Jan.26, the appellate court ruling, authored by Judge Thomas J. Schutz, supported the argument made by Scardina that they were refused service due to their transgender identity.

This is in breach of the right to be protected from discrimination in a place of public accommodation.

Judge Schutz stated that the defendants argued that their refusal to make a cake for Scardina was based on their deeply held religious beliefs and their right to freedom of speech.

However, Judge Schutz dismissed the argument that the Colorado law required speech in this situation.

The ruling stated that it was only after Scardina revealed their transgender identity and intended to use the cake to mark both their birthday and their transition that Masterpiece and Phillips refused to make the cake.

It went on to say that it was Scardina's transgender status and the purpose of using the cake to celebrate it, that led Masterpiece and Phillips to decline the request.

The ruling stated that Scardina's request for a cake differed from previous cake requests, as those required a clear message.

The ruling declared that making a pink cake with blue frosting is not inherently expressive, and any message or symbolism it may convey to a viewer would not be attributed to the baker.

As a result, the ruling concluded that state law does not force speech.

The usage of the appropriate transgender pronouns for the plaintiff was also a matter in the appeal.

Judge Schutz rejected the argument that the trial court displayed animosity towards Phillips and his wife Debra's religious beliefs.

The court decision noted that the trial court initially stated that it would not force the parties in the case to use pronouns they found objectionable.

However, the court pointed out Phillips' choice to avoid using feminine pronouns when referring to Scardina.

This was significant in evaluating the credibility of her claim that Scardina's transgender status was not a factor in the decision to refuse the requested cake.

Hence, the ruling stated that they do not see any evidence of hostility in the court's statements.

Transgender Cake Case

In June 2017, Scardina contacted Masterpiece Cakes and requested a cake with pink and blue designs to celebrate a gender transition.

The bakery turned down Scardina's request, which led to a legal and political conflict.

John McHugh, a lawyer representing Scardina, stated that Phillips and his bakery "opposed the idea of Scardina wanting a birthday cake that represents her status as a transgender woman.

This is because they reject the existence of transgender people.

Phillips has declined to make various types of cakes that he believes go against his Christian religious beliefs.

The Alliance Defending Freedom, representing Phillips, stated that he interacts with all individuals and decides on taking a project based on the message a cake will express, not who is placing the order.

Jake Warner, a senior counsel for the Alliance Defending Freedom, then added on Jan. 26 that freedom of speech applies to everyone.

No one should be required to express a message that conflicts with their fundamental beliefs.