Jack Phillips continues to be in the news because those who disagree with him continue to harass the Colorado baker.
As you may recall, the same day that the U.S. Supreme Court announced it would hear Colorado baker Jack Phillips’ first case of alleged discrimination, Autumn Scardina called the Masterpiece Cakeshop and asked him to create a pink and blue cake to celebrate Scardina’s gender transition.
Like with the first case, Jack declined since it conflicted with his deeply held religious convictions. Jack believes that sex is immutable, and determined by God alone. Scardina then filed a complaint with the Colorado Civil Rights Commission and accused him of violating the Colorado Anti-Discrimination Act for refusing to bake a cake celebrating Scardina’s “gender transition.”
Of course, Jack eventually won a 7-2 victory at the Supreme Court for the first case, that centered on the definition of marriage. But the Left wasn’t satisfied and continued to do everything they to close his business down.
The Civil Rights Commission eventually dropped their case against Jack. But Scardina wouldn’t give up. Colorado law permits an individual to file a personal lawsuit, but only if the person follows certain procedural steps with the Commission first.
This past Monday, Jack Phillips filed a motion in court to dismiss the suit, suggesting Scardina hadn’t follow proper steps.
The motion to dismiss that Jack’s attorneys at Alliance Defending Freedom filed details the harm these endless lawsuits have dealt Jack.
“The state’s past prosecutions generated death threats and vandalism and cost Phillips seven years of his life, 40% of his family income, and most of his employees – harms that endure even though he eventually won his legal fight. The potential toll is greater this time. Unlike past prosecutions, more money is on the line: Scardina seeks more than $100,000, plus attorney fees.”
While the Left often likes to speak of tolerance, there is nothing tolerant about singling out Jack Phillips to make controversial cakes, knowing full well he will reject those requests. There is nothing tolerant about suing him for over $100,000 in damages. Indeed, the fact that Scardina singled out Jack’s bakery, and called him on the same day the Supreme Court announced they would take his first case, indicates Scardina’s intentional hostility and intolerance for Jack’s religious convictions.
Jack would sell anyone any cake that doesn’t conflict with his religious beliefs. He won’t sell anyone a cake that causes him to violate his religious convictions. He’s not discriminating on the basis of the customer’s identity. He’s discerning based on what messages the cake would express.
In the words of Justice Kennedy, “Tolerance is essential in a free society.” Tolerance doesn’t consist of suing a Christian baker over and over again until he finally gives in, or goes out of business.
Justice Thomas, in Masterpiece Cakeshop v. Colorado Civil Right Commission, (Jack’s first case) highlighted the importance of true tolerance in a free society. “If Phillips’ continued adherence to [traditional marriage] makes him a minority after Obergefell, that is all the more reason to insist that his speech be protected,” Thomas wrote.
James Madison said, “Conscience is the most sacred of all property.” Yet, today religious liberty is threatened in the United States of America. I hope the court has the good sense to dismiss this frivolous lawsuit against Jack, and that a day soon comes when religious freedom is once again secure in America.