(FOX News) — A Colorado baker who won a partial U.S. Supreme Court victory in a case where he refused to make a cake for a gay wedding lost an appeal in another legal fight in which he rejected a request for a birthday cake celebrating a gender transition.

The Colorado Court of Appeals ruled on Thursday that the refusal by Jack Phillips and Masterpiece Cakeshop to make a cake requested by Autumn Scardina did not constitute free speech. The court also found it was illegal to refuse to provide services to people based on characteristics like race, religion, or sexual orientation.

“We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker,” said the court, which also rejected procedural arguments from Phillips.

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