Colorado asserts right to renew attack on baker's Christianity
But Colorado officials now are asking the court to dismiss Phillips’ claims against them, arguing that since the old members of the commission are gone, the new ones have a restored authority to prosecute Phillips.
The state argued the complaint “does not allege that any commissioner who is named as a defendant here was also serving as a commissioner when the commission finally decided the 2012 discrimination charge and defended that decision in the Masterpiece I appeals.”
Phillips’ lawsuit cites the fact that the commission refused to prosecute several homosexual bakers who were given permission to refuse to create a cake with a Bible message that violated their beliefs.
But the state says those decisions also were made by previous commissioners, so it should have no ramification on the state’s current prosecution of Phillips.
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