We’ve heard the arguments before. Should a Jewish baker be forced to make a cake for a Neo-Nazi picnic (assuming those are a thing)? Should a Muslim baker be forced to make a cake for a party celebrating Israel’s Independence Day? Are those things required of businesses, or does a refusal to carry or create a product that conflicts with one’s beliefs constitute discrimination?
Jack Phillips, a Denver, Colorado-based baker, will soon be in court, this time to appear before the Colorado Supreme Court. Although the date has not yet been announced, Alliance Defending Freedom, who is representing Phillips, reported that the hearing is listed on the court’s list.
By way of a quick recap, the ADF notes that the saga dates back to 2017. Autumn Scardina, a transgender attorney, called Phillips and asked for a cake that was blue on the outside and pink inside to be used at a gender transition birthday party. Phillips refused, and Scardina filed a lawsuit in March 2021. The ADF points out that Scardina tried to order the cake on the same day in 2017 that the U.S. Supreme Court said it would hear Phillips’ earlier case regarding his refusal to make a cake for a gay wedding.
Scardina called back and asked for a second cake featuring Satan smoking pot. The ADG said that Scardina wanted to “correct Phillips’ errors of thinking.” Phillips again refused. He lost the case last year but would win on appeal.
The U.S. Supreme Court ruled in Lorie’s favor in 303 Creative V. Elenis not long ago.
Jake Warner is Senior Counsel for the ADF and stated:
Free speech is for everyone. As the U.S. Supreme Court held in 303 Creative, the government can’t force artists to express messages they don’t believe. Because the attorney asked Jack to create a custom cake that would celebrate and symbolize a transition from male to female, the requested cake is speech under the First Amendment. The Colorado Supreme Court should apply 303 Creative to reverse the appeals court’s decision punishing Jack. You don’t need to agree with Jack’s views to agree that Americans shouldn’t be compelled to express what they don’t believe. Jack works with all people and always decides whether to create a custom cake based on what message it will express, not who requests it.
Many people have claimed that Phillips was chosen because of his beliefs. It would appear that the Left only cares about free speech if it goes against their beliefs.
It is sad that so many have been victimized and have died as a result of the pursuit of progressive agendas. The deaths and the damage have been tragic. And now, we see the Left trying to prosecute free speech, unaware that it is not immune to the eventual consequences.
