Attorney General James Supports a Multi-state Brief Urging the Colorado Supreme Court to Uphold a Lower Court Ruling in Favor of a Transgender Customer Who Sued Masterpiece Cakeshop for Alleged Discrimination.
New York AG, Letitia James, has joined a coalition of 18 attorneys general from multiple states to urge the Colorado Supreme Court to sustain the ruling of a lower court, relating to a case where a Colorado baker went against the antidiscrimination law of the state when he refused to render a service to a transgender customer.
Masterpiece Cakeshop owner, Jack Phillips, refused to sell a cake for a transgender customer when he learned the cake was to be used to celebrate her transition. The owner of the bakery had been the subject of the decision of a United States Supreme Court about his refusal to provide a wedding cake for a same-sex couple.
The collaboration of attorneys general filed a complaint with the Colorado Supreme Court urging the court to sustain the ruling of a lower court in favor of Autumn Scardina, the customer, who sued the bakery for discrimination.
Highlights of the Case
In 2018, Autumn Scardina called Masterpiece Cakeshop to order a pink cake with blue frosting. When Scardina mentioned that the cake was to celebrate her transition and her birthday, she was informed that the bakery would not provide the cake. She sued the bakery and stated that it was a violation of the public accommodations law of Colorado.
The law protects people from discrimination based on sexual orientation, race, sex, religion, and other attributes. A lower court ruled in favor of Scardina, and the Colorado Court of Appeals upheld the decision. Their ruling was premised on the fact that the defendant is only objected to creating the cake after being aware of its intended use. The Colorado Supreme Court decided to hear the case in October 2023.
The group of state attorneys general, led by AG James, argued before the Colorado Supreme Court, and stressed that laws preventing businesses from refusing service based on factors, such as sexual orientation, religion, or race are crucial to stopping discrimination. They highlighted that the US Supreme Court has previously acknowledged the importance of these laws in protecting citizens.
They further highlighted the broader consequences of such discrimination, which include economic harm, increased bullying, harassment, and negative health impacts. The group emphasized that a ruling in favor of the bakery would promote widespread discrimination against marginalized individuals by businesses.
AG James has been at the forefront of the fight against LGBTQ+ discrimination. Attorney Generals, who joined AG James in filing the brief, are AGs from Connecticut, Hawaii, Delaware, Massachusetts, Maryland, New Jersey, Pennsylvania, Nevada, Minnesota, Michigan, Rhode Island, Washington, Vermont, and the District of Columbia.
