“The court took a critical step Thursday [March 4] in ensuring justice for Jack Phillips,” says attorney Jake Warner of Alliance Defending Freedom (ADF), the law firm representing Phillips. “It dismissed a claim that sought to punish Jack for statements made about a legal case in the media (see sidebar). [Now] we’re set to go to trial on the last claim in a couple weeks when we look forward to vindicating Jack’s right to serve everyone and to decline to express messages that conflict with his deeply held religious beliefs.”
“The decision by the court to dismiss one of the claims against Jack Phillips is the first step towards final justice. 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.”
Kristen Waggoner, general counsel
Clearly, Phillips isn’t the only cake artist in Colorado but he’s seemingly the only one being taken to court on these issues. One News Now asked if this amounts to harassment.
“Over the past few years, we’ve seen Jack face three legal actions, and the last two come from this one attorney who is wanting to harass Jack,” Warner responds. “If you remember, back in Jack’s first case, the U.S. Supreme Court ruled in Jack’s favor – and part of that decision is based on how Colorado treated other cake artists differently from Jack.”
On the very same day in 2017 the U.S. Supreme Court announced it would hear that first case (Masterpiece Cakeshop v. Colorado Civil Rights Commission), Scardina – a biological male who identifies as a woman – phoned Masterpiece and asked for a “gender transition” cake, with a pink interior and a blue exterior.
While Phillips is awaiting yet another appearance in court, his business, Masterpiece Cakeshop, is still operating.
“He is still creating custom cakes,” the ADF attorney continues. “He still serves everyone and declines to express messages that go against his faith; and we look forward to the court vindicating his right to do so here at the upcoming trial.”
Scardina v. Masterpiece Cakeshop is filed at the District Court of Colorado. The trial is scheduled to take place on March 22.