Court Dismisses One of Two Claims Against Christian Baker Jack Phillips

Christian baker Jack Phillips is still in court after a man pretending to be a woman complained to the Colorado Civil Rights Commission that Phillips discriminated against him. The man, a lawyer named Autumn Scardina, asked Phillips to make a custom “transitioning” cake, knowing he would refuse.

After the commission dismissed his claim, Scardina filed a lawsuit against Phillips for discrimination. The U.S. Supreme Court ruled in 2018 that the Colorado Civil Rights Commission had treated Phillips unfairly and his religion with contempt when it ruled that he had discriminated against two homosexuals after declining to make a custom cake for their “wedding.” Two of the liberal justices agreed with the majority in the 7-2 decision. But Scardina apparently was determined to make a point.

A court last week dismissed one of Scardina’s claims against Phillips. An excerpt (PDF- five pages) of the ruling:

Plaintiff alleges two, related unfair or deceptive trade practices: (1) that Defendants advertised they would sell birthday cakes to LGBT individuals with intent not to sell such cakes; and (2) that Defendants employed bait and switch advertising to that effect…

Plaintiff has failed to establish an actionable unfair or deceptive trade practice. Accordingly, summary judgment enters in Defendants’ favor on Plaintiff’s CCPA [Colorado Consumer Protection Act] claim.

Based on the court’s review of the facts and claims, Scardina’s lawsuit against Phillips obviously is frivolous and designed to harass him because he’s a Christian who opposes homosexuality. Phillips said he declines to make custom cakes for various events, including Halloween and bachelor parties, but customers celebrating these events are welcome to buy any pre-made cake in his store.

“The decision by the court to dismiss one of the claims against Jack Phillips is the first step towards final justice,” Alliance Defending Freedom General Counsel Kristen Waggoner said. “Jack has been threatened with financial ruin simply because he makes decisions about which messages to create and celebrate—decisions that every other artist in Colorado is free to make. Tolerance for different opinions is essential. We look forward to defending Jack—and ultimately prevailing—on the remaining claim.”