N.Y. AG joins multi-state brief in Colo. anti-trans discrimination case
New York Attorney General Letitia James on Wednesday joined a brief by 18 other Democratic state attorneys general urging the Colorado Supreme Court to uphold a lower court ruling against Masterpiece Cakeshop for anti-trans discrimination.
A customer, Autumn Scardina, sued the business over claims that it refused to provide her a cake upon learning that it was for a celebration of her transition.
The case is not the first in which owner Jack Smith has faced claims of anti-LGBTQ discrimination. In 2012, Masterpiece Cakeshop refused to fulfill an order for a wedding cake for a same-sex couple, which led to the 2018 U.S.
Supreme Court case Masterpiece Cakeshop v. Colorado Civil Rights Commission — and a narrow ruling that did not address core legal questions weighing the constitutionality of First Amendment claims vis-a-vis the government’s enforcement of LGBTQ-inclusive nondiscrimination laws. “Denying service to someone simply because of who they are is illegal discrimination, plain and simple,” James said in a press release. “Allowing this kind of behavior would undermine our nation’s fundamental values of freedom and equality and set a dangerous precedent.” She added, “I am proud to stand with my fellow attorneys general against this blatant transphobic discrimination.” The Colorado Court of Appeals ruled in favor of Scardina, noting that Smith objected to fulfilling her cake order only after learning about her intended use for it “and that Phillips did not believe the cake itself expressed any inherent message.” The fact pattern in both cases against Masterpiece Cakeshop resembles that of another case that originated in Colorado and was ultimately decided by the Supreme Court last year, 303 Creative LLC v.
