Suit Dismissed Against Baker Who Wouldn't Make Cake for Transgender Woman
Supreme Court dismissed the lawsuit against Christian baker Jack Phillips, citing procedural grounds. The justices opted not to address the free speech issues at the heart of the case, which had drawn national attention.Phillips was originally sued in 2017 by attorney Autumn Scardina after his Denver-area bakery, Masterpiece Cakeshop, refused to make a pink cake with blue frosting to celebrate her gender transition.In a 6-3 decision, the justices ruled that Scardina had not exhausted her legal options in lower courts before filing the lawsuit, leading to the dismissal on procedural grounds.The case is one of several in Colorado that have highlighted the tension between LGBTQ+ civil rights and First Amendment protections.
In 2018, Phillips secured a partial victory at the U.S. Supreme Court after refusing to bake a wedding cake for a same-sex couple.Scardina placed her cake order on the same day the U.S.
Supreme Court agreed to hear Phillips' appeal in the wedding cake case. She said her intent was to challenge Phillips' assertion that he would serve LGBTQ+ customers, rejecting claims that her order was a setup for litigation.Before suing Phillips, Scardina filed a complaint with the state and the Colorado Civil Rights Commission.
The commission determined there was probable cause to believe that Phillips had discriminated against her. In March 2019, the state and Phillips reached a settlement, agreeing to drop both cases—a deal that did not include Scardina.
