That’s my take on it. Colorado should have let this go since the case was based on 2012 law and not what it is now. Since Phillips doesn’t do wedding cakes anymore but is otherwise serving all that come to his store, the Colorado state officials will just have to suck their thumbs and turn blue!
Indeed, he now has a case of denial of his civil rights under color of law he could press(since the SC ruled that the state officials mocked his religion)...unless the statute of limitations is past in this case.
The case against Phillips had nothing to do with the Colorado marriage law, nor absence of the marriage law. It was about his refusal to create a cake for the celebration in Colorado, of a homosexual wedding in a different state. The charge was that he discriminated against the couple for being homosexuals. The anti-discrimination law didnt change when the marriage law changed.
If you read the majority opinion, youll see the brief mention of Colorado law regarding homosexual marriage was brought up to make the point that Phillips was treated different from the other bakers because of his religious beliefs. THAT is the reason the SC overturned the lower courts ruling. NOT because homosexual marriage wasnt recognized in Colorado in 2012.