Colorado judge dismisses 1 of 2 charges against confectioner for not making pro-transgender cake
A judge has decided to throw out one of two charges against Colorado-based Christian baker Jack Phillips over his refusal to make a transgender-themed cake.
A trans-identified man filed a lawsuit against Masterpiece Cakeshop in June 2019 after the baker refused to make a cake celebrating Scardina’s gender transition.
The suit claimed that Phillips violated two state laws, the Colorado Anti-Discrimination Act and the Colorado Consumer Protection Act, when refusing to create the cake.
However, in a ruling released Thursday, Denver District Court Judge A. Bruce Jones granted the defendants’ motion to drop the charge of violating the CCPA by allegedly engaging in “an unfair or deceptive trade practice.”
“Plaintiff has failed to establish an actionable unfair or deceptive trade practice. Accordingly, summary judgment enters in Defendants’ favor on Plaintiff’s CCPA claim.”
Jones did not dismiss the second charge, however, which accuses Phillips of violating CADA, explaining that Scardina “need not establish that [his] transgender status was the ‘sole’ cause of the denial of services.”
Alliance Defending Freedom General Counsel Kristen Waggoner, who is helping to represent Phillips, said in a statement on Thursday that the decision was “the first step toward final justice” for Phillips.
“Jack has been threatened with financial ruin simply because he makes decisions about which messages to create and celebrate — decisions that every other artist in Colorado is free to make,” she stated.
“Tolerance for different opinions is essential. ”
Over the past few years, Phillips has weathered extensive legal battles over his religious objections to making same-sex wedding and pro-transgender cakes.
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