Colorado Christian baker loses appeal over transgender birthday cake

The Colorado baker who won a partial Supreme Court victory after refusing to make a gay couple’s wedding cake because of his Christian beliefs has lost an appeal in his latest legal fight.

The Colorado Court of Appeals ruled Thursday that baker Jack Phillips refusing to make the cake was not a violation of his First Amendment rights. 

The cake he and Masterpiece Cakeshop were asked to make was one with pink-and-blue frosting to celebrate a gender transition.

The Associated Press reports that the court said that the state law makes it illegal to refuse service based on characteristics such as race, religion or sexual orientation. 

"We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker,” said the court. 

Phillips is being represented by Alliance Defending Freedom. His legal team argued that the cakes that Phillips makes are a form of speech. He plans to appeal the decision. 

"One need not agree with Jack’s views to agree that all Americans should be free to say what they believe, even if the government disagrees with those beliefs," said Jake Warner, the group's senior counsel.

Phillips is most well known for his Supreme Court victory, in a case that dates back to 2017, after refusing to make a same-sex wedding cake due to his faith.