Justices said in the 6-3 majority opinion that Scardina had not exhausted her options to seek redress through another court before filing her lawsuit.
Justices said in the 6-3 majority opinion that Scardina had not exhausted her options to seek redress through another court before filing her lawsuiton Tuesday dismissed on procedural grounds a lawsuit against a Christian baker who refused to bake a cake for aBaker Jack Phillips was sued by attorney Autumn Scardina in 2017 after his Denver-area bakery refused to make a pink cake with blue frosting to celebrate her gender transition.
The justices in the minority faulted the ruling and said it gave Phillips “a procedural pass." They noted that every factfinder and judicial officer who heard the case concluded the baker’s conduct violated the Colorado Anti-Discrimination Act. Scardina's side was supported by advocacy groups that warned any finding of a First Amendment violation would curtail Colorado's prohibitions on discrimination.
In March 2019, lawyers 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.
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