Colorado baker Jack Phillips, who won a decision before the U.S. Supreme Court in June, is suing again following his refusal to bake a cake to celebrate a gender transition. His refusal resulted in a probable cause finding by the Colorado Civil Rights Commission that he had violated Colorado’s public accommodations law. The organization representing Phillips, Alliance Defending Freedom, argues that the Commission’s decision violates his religious belief that gender is given by God and determined by biology, such that it cannot be chosen or changed.
Phillips is seeking an injunction against the Commission, in addition to lost profits and punitive damages. His claims are based on the constitutional protections of free speech, free exercise of religion, due process, and equal protection. The case and the legal theories supporting it echo the June decision by the Supreme Court, which ruled that Colorado is required to maintain religious neutrality and that it had violated the baker’s right to free exercise of religion. (The previous cake was intended for a same-sex wedding.)
You can read the initial filing for this case at Justia Dockets here.