Anti-Gay Denver Baker Faces New Lawsuit over Gender Transition Cake

Denver baker and Masterpiece Cake Shop owner Jack Phillips became a celebrity among the homophobic right when he refused service to a same-sex couple looking for a wedding cake in 2012. That case ended up in front of the Supreme Court, which handed Phillips – and the anti-gay religious right – a narrowly-parsed victory last year, saying that Colorado's Civil Rights Commission exhibited hostility toward Phillips' faith when it handled the original complaint against him. (There was also the issue that marriage equality was not yet a national right for same-sex couples in 2012.) The court did not find, however, that businesspeople of faith have a Constitutional right to deny goods and services to people with whom they may disagree, such as LGBTQs, racial minorities, or those who adhere to other faith traditions.

Phillips saw the court's ruling as a victory for straight people of faith who feel required to deny services to sexual minorities. In a statement at the time, Phillips declared that, "Today's decision makes clear that tolerance is a two-way street."

Almost exactly one year later, however, Phillips is now facing another suit – his third – for denying service to a member of the LGBTQ community, In this case, reported local news channel CBS4, Phillips refused to bake a cake for a transwoman who was celebrating her gender transition.

The case was brought by Autumn Scardina, who also filed the second suit that Phillips faced. Scardina's original suit was brought about through the state's Civil Rights Commission, but when Phillips counter-sued the case was dropped, reported Fox News. Scardina has pressed forward with her complaint, however, filing suit on her own against the baker. That suit was filed June 12, media sources said.

Phillips has been represented in the past by anti-gay organization Alliance Defending Freedom. Jim Cambell, who is senior council for that group, told the media that the issue is not one of service per se - "Jack serves everyone," he said – but rather a matter of the baker refusing to create "custom cakes" for occasions with which he disagrees.

Scardina had wanted Phillips to make her a two-colored cake that would be blue until it was cut into, at which point its pink inner coloration would be revealed.

Part of Phillips' defense in the original wedding cake case was that his refusal is not only religious, but also a matter of free expression. Phillips characterizes himself as an artist who expresses his creativity through baked goods.

Watch the CBS4 report below.