Baker Who Refused Gay Wedding Cake Loses in Court A third Colorado court calls it discriminatory By Michael Harthorne, Newser Staff Posted Aug 13, 2015 6:24 PM CDT 373 comments Comments Jack Phillips, seen here in 2014, lost his third court case today after refusing to make a wedding cake for a gay couple in 2012. (AP Photo/Brennan Linsley, File) (Newser) – A baker who refused to make a wedding cake for a gay couple lost his third court case today when the Colorado Court of Appeals upheld two earlier rulings that he was guilty of discrimination, the Denver Post reports. Back in 2012, Jack Phillips, owner of Masterpiece Cakeshop, refused to make a cake for Charlie Craig and David Mullins, arguing it would violate his rights to free speech and freedom of religion. Today's ruling, as with the two rulings before it, declares that freedom of speech and religious beliefs are not viable excuses when refusing service to customers based on their sexual orientation. The court says Phillips and his business are free to make their opposition to same-sex marriage known any way they want, as long as they still make cakes for customers regardless of gender, race, or sexual orientation, the New York Times reports. Phillips' lawyers—who pointed out that he also refused to make a cake for Halloween, which he associates with Satan—said their client was disappointed, but not surprised, according to the Post. Phillips plans to appeal the case again, this time to the Colorado Supreme Court in September.