The Colorado Supreme Court will hear arguments on Tuesday in Masterpiece Cakeshop v. Scardina. Jack Phillips, a Christian baker in Colorado, already won at the U.S. Supreme Court in a different case.
Phillips, who won’t use his artistic talents to provide services that would conflict with his beliefs, serves all kinds of customers. He faced a lawsuit after two homosexuals filed a complaint against him with the Colorado Civil Rights Commission after he declined to make a custom “wedding” cake for them.
The men could have bought any ready-make cake on the shelf but apparently liked the idea of “forcing” him to make a custom cake.
The Colorado Civil Rights Commission ruled that Phillips violated a state law that bars discrimination and filed a lawsuit against him. The Supreme Court ruled 7-2 that the commission violated the Free Exercise Clause and was hostile to Phillips’s religious views.
The day the Supreme Court agreed to take Phillips’s case, a lawyer calling himself Autumn Scardina asked Phillips to make a custom cake celebrating his “transition.” Phillips declined, as Scardina knew he would. Scardina filed a complaint, which the commission dismissed.
Scardina filed a lawsuit, and that is the case before the Colorado Supreme Court. From Alliance Defending Freedom (ADF), Phillips’s legal counsel:
ADF attorneys representing Phillips and his cake shop are asking the state high court to protect Phillips from being forced to express messages that violate his beliefs. Following the U.S. Supreme Court’s landmark decision in 303 Creative v. Elenis that upheld free speech for all, ADF attorneys filed a supplemental notice with the Colorado Supreme Court, asking it to apply that ruling and similarly affirm Phillips’ free-speech rights in this case.
In 303 Creative v. Elenis (2023), the Supreme Court ruled that requiring a Christian photographer to speak a message she opposes violated her freedom of speech. Lorie Smith, a web designer, filed a pre-enforcement lawsuit against Colorado over the same anti-discrimination law, which would have forced her to provide services for homosexual “weddings” if she did the same for actual weddings — or shut down.
Phillips has freedom and truth on his side.
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