Jack Phillips, who’s case was heard by the Supreme Court several years ago after he objected to designing a wedding cake for a gay couple, speaks to supporters outside the Supreme Court, Dec. 5, 2022, in Washington. Colorado’s highest court said Tuesday, Oct. 3, 2023, that it will hear the case of Phillips, a Christian baker who refused to make a cake celebrating a gender transition. DENVER — On the heels of a U.S.
The case involves the state’s anti-discrimination law that makes it illegal to refuse to provide services to people based on protected characteristics like race, religion or sexual orientation. The key issue in the case is whether the cakes Phillips creates are a form of speech and whether forcing him to make a cake with a message he does not support is a violation of his First Amendment right to free speech.
Scardina’s attorney, John McHugh, said that the 303 Creative ruling was narrow and applied only to businesses that are creating speech of their own — which the Colorado Court of Appeals had already ruled did not include Phillips’ company making the cake.
Phillips then filed a federal lawsuit against Colorado, accusing it of a “crusade to crush” him by pursuing the complaint.
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