The Colorado Supreme Court has granted certification to Masterpiece Cakeshop, the same store that was party to the 2018 U.S. Supreme Court ruling in Craig v. Masterpiece Cakeshop, after a decision by the Colorado Court of Appeals rejected the store's arguments and held that the act of baking a pink cake with blue frosting does not constitute protected speech under the First Amendment.

In a published opinion issued last January, the appeals court decided Scardina v. Masterpiece Cakeshop, the second case involving the shop in a claim over whether its owner had the right to refuse service to a customer based on their use of the cake. On June 26, 2017, the U.S. Supreme Court granted certiorari to review an earlier decision in Craig. That same day, Autumn Scardina called Masterpiece to order a cake and told the wife of the store owner that it was for her birthday and to celebrate her transition from male to female, according to the Jan. 26 opinion by Colorado Court of Appeals Judge Timothy J. Schutz.