Gay baker
In summary
A California appeals court rules a baker can’t refuse to sell a generic cake to a lesbian couple. It’s part of a series of cases shaping the debate over free speech and anti-discrimination laws.
A Kern County baker violated California regulation when she refused to sell a cake to a lesbian couple for their wedding, a express appeals court ruled this week in a suit brought by the state’s Civil Rights Department.
If the scenario sounds familiar, that’s because it’s central to a series of cases that have for years been shaping the nation’s legal debate over free speech and anti-discrimination laws.
In 2018, the U.S. Supreme Court overturned a Colorado ruling that a baker had violated that state’s nondiscrimination law when he refused to bake a cake for a gay couple’s wedding. The judgment was based on the court’s finding that the Colorado civil rights commission handling the case had been prejudiced against the baker’s religious beliefs.
The court in 2023 ruled, also in a Colorado case, in favor of a website designer who opposed same-sex marriage on religious grounds and who was afraid the same mention statutes could in theory force her to blueprint a wedding w
'Gay cake' row: What is the dispute about?
In October 2016, the owners of the bakery lost their appeal against the verdict that their refusal to make a "gay cake" was discriminatory.
Appeal court judges said that, under rule, the bakers were not allowed to provide a service only to people who agreed with their religious beliefs, external.
Reacting to the ruling, Daniel McArthur from Ashers said he was "extremely disappointed" adding that it undermined "democratic freedom, religious freedom and free speech".
The firm then took the case to the Supreme Court and they won.
The UK's top court ruled the bakery's refusal to make a cake with a slogan supporting same-sex marriage was not discriminatory.
Then president of the Supreme Court, Lady Hale, ruled the bakers did not refuse to fulfil the order because of the customer's sexual orientation.
"They would have refused to make such a cake for any customer, irrespective of their sexual orientation," she said.
"Their objection was to the word on the cake, not to the personal characteristics of Mr Lee."
And from there, Mr Lee took his case to Europe,
Colorado baker loses appeal over birthday cake for gender transition celebration
By Colleen Slevin/AP
The Colorado baker who won a partial U.S. Supreme Court victory after refusing to build a gay couple’s wedding cake because of his Christian faith lost an appeal Thursday in his latest legal fight, involving his rejection of a request for a birthday cake celebrating a gender transition.
The Colorado Court of Appeals ruled that that the cake Autumn Scardina requested from Jack Phillips and Masterpiece Cakeshop, which was to be pink with blue frosting, is not a form of speech.
It also found that the state law that makes it illegal to refuse to provide services to people based on protected characteristics like race, religion or sexual orientation does not violate business owners' right to exercise or express their religion.
Relying on the findings of a Denver judge in a 2021 trial in the dispute, the appeals court said Phillips' shop initially agreed to produce the cake but then refused after Scardina explained that she was going to use it to celebrate her transition from male to female.
“We conclude that creating a pink cake with blue frosting is not inherently exp
Colorado high court to learn case against Christian baker who refused to form trans-themed cake
On the heels of a U.S. Supreme Court victory this summer for a graphic artist who didn’t want to design wedding websites for same-sex couples, Colorado’s highest court said Tuesday it will now hear the case of a Christian baker who refused to make a cake celebrating a gender transition.
The announcement by the Colorado Supreme Court is the latest development in the yearslong legal saga involving Jack Phillips and LGBTQ rights.
Phillips won a partial victory before the U.S. Supreme Court in 2018 after refusing to make a gay couple’s wedding cake.
He was later sued by Autumn Scardina, a trans woman, after Phillips and his suburban Denver bakery refused to make a pink cake with navy frosting for her birthday and to celebrate her gender transition.
Scardina, an attorney, said she brought the lawsuit to “challenge the veracity” of Phillips’ statements that he would help LGBTQ customers. Her attorney said her cake decree was not a “set up” intended to file a lawsuit.
The Colorado Supreme Court didn’t explain how or why it made the determination to hear the case. It was announced
.