Autumn Scardina claims that Masterpiece illegally discriminated against her.
The Colorado baker who refused to make a cake for a same-sex couple might be entering back into litigation after refusing another member of the LGBT community his services.
Jack Phillips, the owner of Masterpiece Cakeshop, won a Supreme Court case in a narrow decision in June which only affected his case.
Aside from that case, Phillips also refused a cake to a trans woman and his lawyers at Alliance Defending Freedom (ADF) filed a lawsuit on Tuesday against Colorado Civil Rights Commission (CCRC) saying that organization “harbors hostility” and the complaint should be dismissed.
The complaint states that transgender attorney Autumn Scardina called Masterpiece Cakeshop and asked for a birthday cake in June 2017. She explained that her birthday also happens to be the anniversary of her coming out as trans and that she would like the confection to have a pink center and a blue exterior. The bakery refused according to Scardina. She says she was discriminated against because of her sex and gender identity which is illegal in that state.
“The woman on the phone,” Scardina wrote in her complaint, “did not object to my request for a birthday cake until I told her I was celebrating my transition from male to female. I believe that other people who request birthday cakes get to select the color and theme of the cake.”
Phillips refutes the complaint saying his beliefs don't support a message that "promote[s] the idea that a person’s sex is anything other than an immutable God-given biological reality.”
But CCRC asserts that Phillips violated state laws that prohibit discrimination against a person's transgender status.
In their probable cause determination, the CCRC even recalled the Supreme Court's decision in that it also stated businesses should uphold state laws that protect LGBT people from discrimination.
That ruling said in part, "The laws and the Constitution can, and in some instances must, protect gay persons and gay couples in the exercise of their civil rights, but religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression."
The ADF explains that Masterpiece and Phillips, “serves all people — individuals of all races, faiths, sexual orientations, and gender identities — and will design and create custom cakes for anyone," just as long as they “don’t ‘express messages or celebrate events contrary to his religious beliefs.'”