Masterpiece Cakeshop wins again – Colorado drops prosecution for refusal to bake ‘gender-transition cake’

Le·gal In·sur·rec·tion | 3/5/2019 | William A. Jacobson
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The second attempt by the State of Colorado to punish Jack Phillips and his Masterpiece Cakeshop has come to an end, once again, with a victory for the baker.

Round 1 was the baker’s refusal to create a custom cake for a same-sex marriage, on the ground that it violated the baker’s Christian faith to create a message celebrating same-sex marriage.

Baker - Halloween - Cakes - Cakes - Messages

The baker also refused to create Halloween cakes and other cakes whose messages he viewed as religiously unacceptable. He didn’t refuse to sell to LGBT people, he just didn’t want to have to create the message. He won the case in the Supreme Court, mostly on procedural grounds with the court not reaching the larger constitutional issues of freedom of religion and freedom of speech (to avoid compelled speech).

Round 2 was when the State went after him because he refused to create a cake celebrating a transgender transition. We covered the lawsuit in Colorado goes after Masterpiece Cakeshop again – this time over “gender transition” cake:

June - Day - Supreme - Court - Masterpiece

On June 26, 2017, the very same day the Supreme Court agreed to take the Masterpiece Cakeshop case, Attorney Autumn Scardina called the cake shop to request a “gender transition” cake. The cake shop declined, so on July 20, 2017, Scardina filed a complaint, with the Colorado Civil Rights Commission….

The Introduction to the [Bakeshop’s federal lawsuit] Complaint (pdf.) … argues that the cake shop was targeted by the claimant/lawyer and Colorado….

Complaint - Focuses - Message - Cake - Shop

The Complaint focuses on the message that was demanded of the cake shop:

184. After the lawyer disclosed the design and message of the desired cake, Masterpiece Cakeshop politely declined the request because Phillips cannot in good conscience express the messages that the cake would have communicated (i.e., that sex can be changed, that sex can be chosen, and that sex is determined by perceptions or feelings)...
(Excerpt) Read more at: Le·gal In·sur·rec·tion
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