What’s Happening:
Another case involving a Christian businessman is heading to the highest court in Colorado after an appeal. The case involves a lawsuit under a Colorado law that impacts personal freedoms of anyone running a business in the state.
The latest issue involves a baker who was sued for refusing to make a gender transition cake due to his religious beliefs. The baker lost in the lower court and an appeals court held up that decision. Now the Colorado Supreme Court will take up the case.
Christian baker Jack Phillips was sued by transgender attorney Autumn Scardina in March 2021 after the attorney called his bakery in 2017 with a special request. The request involved make a cake with blue on the outside and pink on the inside for a gender transition birthday party.
Phillips has been forced on several occasions to defend his religious freedom from people on the left who have targeted him. Attorney Jake Warner, senior counsel at Alliance Defending Freedom, supports Phillips and believes no one should be forced to express messages they disagree with.
From the Daily Caller:
“Free speech is for everyone. We are grateful that the Colorado Supreme Court will hear Jack Phillips’ case to hopefully uphold every Coloradan’s freedom to express what they believe,” Warner said.
After the initial cake making request, Phillips refused and the attorney sued on religious grounds. An appeals court ruled that Phillips’ religious freedom was not covered under the First Amendment. The case now moves to the state Supreme Court which decided to take up the case for the upcoming term.
The appeals court interpretation in Phillips’ case ruled that his refusal to comply with the plaintiff’s request “does not constitute protected speech under the First Amendment.” That appears in opposition to a U.S. Supreme Court decision in June.
The Supreme Court ruled in a similar argument that a Christian web site designer didn’t have to comply with a request to make a wedding website celebrating same-sex marriage. That decision could impact Phillips’ case in Colorado’s high court.
A caveat in Phillips’ case is the timing of this latest lawsuit against him. The plaintiff called, according to the Daily Caller, the same day in 2017 that the U.S. Supreme Court decided to take up Phillip’s previous case where he refused to make a cake with statements supporting a gay wedding.
The nation’s highest court eventually ruled that the state of Colorado could not compel Phillips to make a cake with an “expressive statement” that would violate his religious beliefs.
Key Takeaways:
- Christian baker must again fight lawsuit targeting his religious beliefs.
- A lower court and an appeals court both upheld complaints against him.
- His refusal to make a cake prompted Colorado high court to take the case.
Source: Daily Caller
