Colorado baker loses appeal over transgender birthday cake

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Colorado baker loses appeal over transgender birthday cake
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The Colorado baker who won a partial U.S. Supreme Court victory after refusing to make a gay couple’s wedding cake because of his Christian faith has lost an appeal in his latest legal fight.

FILE - Jack Phillips, who's case was heard by the Supreme Court five years ago after he objected to designing a wedding cake for a gay couple, speaks to supporters outside the Supreme Court in Washington, Monday, Dec. 5, 2022. The Colorado baker who won a partial U.S. Supreme Court victory after refusing to make a gay couple's wedding cake because of his Christian faith has lost an appeal in his latest legal fight.

Relying on the findings of a Denver judge in a 2021 trial in the dispute, the appeals court said Phillips' shop initially agreed to make the cake but then refused after Scardina explained that she was going to use it to celebrate her transition from male to female. “One need not agree with Jack’s views to agree that all Americans should be free to say what they believe, even if the government disagrees with those beliefs,” ADF senior counsel Jake Warner said in a statement.

In 2018, the U.S. Supreme Court ruled that the Colorado Civil Rights Commission had acted with anti-religious bias in enforcing the anti-discrimination law against Phillips after he refused to bake a cake celebrating the wedding of Charlie Craig and Dave Mullins in 2012. The justices called the commission unfairly dismissive of Phillips’ religious beliefs.

Before filing her lawsuit, Scardina first filed a complaint against Phillips with the state and the civil rights commission, which found probable cause that he had discriminated against her.

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