The Colorado Supreme Court ruled Tuesday to dismiss a lawsuit brought by an attorney against cake artist Jack Phillips, owner of Masterpiece Cakeshop in Lakewood, Colorado.
The court’s ruling hopefully brings Phillips’ legal battles – and the attorney’s harassment – to an end. Phillips has been in court defending his right to free speech for more than 12 years.
In 2018, on the same day the U.S. Supreme Court announced it would hear Phillips’ first case (Masterpiece I), a transgender-identified attorney named Autumn Scardina called Jack’s shop. He requested Phillips create a custom cake – pink on the inside and blue on the outside – to celebrate and symbolize a “gender transition” from male to female.
Phillips politely declined because he cannot express that message “for anyone” – whether they identify as transgender or not.
Scardina then filed a complaint with the Colorado Civil Rights Commission resulting in a second lawsuit (Masterpiece II), which was later dropped after Jack countersued the commission for harassing him.
But Scardina wasn’t done. He then filed a civil lawsuit against Jack for allegedly discriminating against him because he identifies as transgender. That resulted in the latest lawsuit against Jack, Masterpiece III.
In its 4-3 decision, the Colorado Supreme Court ruled in Jack’s favor on procedural grounds, without ruling on his free speech claims.
“We granted review to determine, among other issues, whether [the attorney] properly filed [this] case,” the Colorado Supreme Court wrote in its opinion in Masterpiece Cakeshop v. Scardina. “We conclude that [the attorney] did not.”
Therefore, the court vacated the judgement against Jack and dismissed the case.
Jack had lost at both the trial court level, and at the Colorado Court of Appeals which ruled 3-0 against Jack on January 26, 2023.
Alliance Defending Freedom (ADF) Senior Counsel Jake Warner said after the ruling, “Enough is enough. Jack has been dragged through courts for over a decade. It’s time to leave him alone,” adding,
Free speech is for everyone. As the U.S. Supreme Court held in 303 Creative, the government cannot force artists to express messages they don’t believe.
ADF President Kristen Waggoner posted on X after the ruling, saying, “Jack Phillips has lost employees and business. He’s even faced threats. All he wants is to live, speak, and work according to his Christian beliefs. But radical activists and gov’t officials in Colorado won’t allow it.”
“They’ve targeted Jack because he refuses to use his artistic talents to express messages that violate his religious convictions – like creating custom cake designs celebrating gender ideology and Satan,” she added, concluding,
Regardless of whether you agree with Jack’s beliefs, forcing him to speak against his convictions violates the Constitution. Disagreement isn’t discrimination.
It has been an honor for our team to represent Jack in court over the past decade. He’s one of the kindest and most gracious people you’ll meet, and we’ll stand with him for as long as it takes. Justice for Jack means justice for all.
Anyone who has met Jack knows his quiet and soft-spoken demeanor. But don’t let his warm and kind personality deceive you.
Jack is a lion. He’s courageous. He’s fierce. He’s bold. He’s filled with faith and conviction. And he won’t back down.
Jack Phillips is a man’s man. For anyone looking for an example of how Christians should engage in our hostile post-Christian culture, Jack Phillips is the model of how to do it well.
We at the Daily Citizen extend a hearty congratulations to Jack Phillips. We are deeply inspired and thankful for his courageous Christian witness.
Will you take a minute to pray for Jack as he tries to move forward with his life? You can also see how to purchase some of Jack’s baked goods or his book, below.
The case is Masterpiece Cakeshop v. Scardina.
To support Jack, you can visit his shop in Lakewood, CO, or visit his online store. Trust me, his brownies are delicious. You can also support Jack with a financial gift.
Additionally, you can purchase a copy of Jack’s book, The Cost of My Faith: How a Decision in My Cake Shop Took Me to the Supreme Court.
Jack Phillips has been interviewed on Focus on the Family with Jim Daly to discuss his legal fight, and how his Christian faith has sustained him. You can listen to “Loving Others While Standing by My Beliefs.”
Related articles and resources:
Justice for Jack: Christian Cakebaker Jack Phillips Asks Court to Protect His Free Speech Rights
Cakebaker Jack Phillips Asks Colorado Supreme Court to End ‘Crusade’ Against Him
Christian Cakebaker Jack Phillips Appeals ‘Transgender Cake’ Case to Colorado Supreme Court
Not Again! Colorado Court Rules Against Jack Phillips in a ‘Transgender’ Cake Case
Jack Phillips Back in Court to Win Protections for Free Speech in Transgender Cake Case
Jack Phillips Appeals Bad Decision in Transgender Cake Case
Once Again, a Colorado Court Finds Jack Phillips of Masterpiece Cakeshop Committed ‘Discrimination’
An Interview with Jack Phillips of Masterpiece Cakeshop – Christian, Baker, Author
Photo from Alliance Defending Freedom.
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