Defending the family

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Judge 'inclined' to let Colorado's latest cake case against Christian baker proceed


He won his six-year legal battle over his refusal to create a gay wedding cake, but Christian baker Jack Phillips is now facing what could be a lengthy courtroom sequel on the issue of transgender birthday cakes.

Any hope of a speedy resolution was dashed Tuesday when a federal judge indicated he plans to reject the effort to dismiss the Colorado Civil Rights Commission's latest complaint against Masterpiece Cakeshop involving a birthday cake for a gender transition.

"I'm inclined to deny the motion to dismiss," said senior U.S. District Court Judge Wiley Y. Daniel.

He also advised Mr. Phillips's attorneys to narrow the scope of their request for a temporary injunction and prepare for an evidentiary hearing on the matter in February, which could last several days.

"I don't think I have enough information to rule on this request for injunctive relief," Mr. Daniel said.

Alliance Defending Freedom senior counsel Jim Campbell, who represented Mr. Phillips at the hearing, said it was possible the case known as "Masterpiece II" could reach the Supreme Court, which ruled against the state in June, citing the commission's hostility toward the baker's beliefs.

"What we have is the state of Colorado blatantly ignoring key portions of what the Supreme Court just said to them," Mr. Campbell said. "The Supreme Court might not take very kindly to that, and so it very well might end up at the nation's highest court again."

He referred to the situation as an "obvious setup."

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