Colorado Supreme Court Will Hear Latest Masterpiece Cakeshop Case, Involving Pink-and-Blue Cake for Gender Transition

Last week's order grants review of the lower court decision (which had come out against Masterpiece Cakeshop) as to three issues:

Whether Scardina's CADA [Colorado Anti-Discrimination Act] claim is barred because Scardina did not appeal the Commission's dismissal of the administrative complaint before suing Masterpiece Cakeshop, Inc. and Phillips….

Whether the decision by Masterpiece Cakeshop, Inc. and Phillips not to create a pink cake with blue frosting that was to be used to celebrate a gender transition violated CADA's prohibition on transgender-status discrimination….

Whether the decision by Masterpiece Cakeshop, Inc. and Phillips not to create a pink cake with blue frosting that was to be used to celebrate a gender transition was protected by the First Amendment.

The lower court decision was decided before the Supreme Court held in 303 Creative that the First Amendment protects people's right not to create expression (there, a web site) that they decline to create.

Note that the Supreme Court's earlier Masterpiece Cakeshop case doesn't dispose of this case, because the majority opinion in that earlier case turned on evidence of religious discrimination against Masterpiece in the administrative adjudication process; I'm unaware of any such evidence here.