Who won the gay wedding cake lawsuit

On the heels of a U. Phillips won a partial victory before the U. He was later sued by Autumn Scardina, a transgender woman, after Phillips and his suburban Denver bakery refused to make a pink cake with blue frosting for her birthday and to celebrate her gender transition. It was announced in a long list of decisions about which cases they will hear and reject.

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. Earlier this year, the Colorado Court of Appeals sided with Scardina in the case, ruling that the cake — on which Scardina did not request any writing — was not a form of speech.

Graphic artist Lorie Smithwho is also from Colorado and is also represented by the Alliance Defending Freedom, challenged the same state law in the Creative case that was decided by the U. Supreme Court in June. Supreme Court ruling will bolster their arguments.

Supreme Court recently held in Creative v. Elenis, no one should be forced to express messages they disagree with. Scardina attempted to order her cake on the same day in that the U. 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.

In Marchlawyers for the state and Phillips agreed to drop both cases under a settlement Scardina was not involved in. She pursued the lawsuit against Phillips and Masterpiece Cakeshop on her own. No date was set for a hearing in the case. Both sides will have to submit their legal arguments to the court in the coming months.

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Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2018)

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