It's been a long journey through the courts. Is it over?
Jack Phillips of Masterpiece Cakeshop in Colorado just wants to create cakes that don't violate his deeply held faith. Alliance Defending Freedom
Phillips’ business Masterpiece Cakeshop was first sued in 2012 when he declined to bake a cake to celebrate a same-sex wedding. That case went all the way to the U.S. Supreme Court, and Phillips won. It was a narrow decision, however, that focused only on Colorado officials’ hostility toward Phillips' faith – not the free speech elements of the case.
That left the door open for further legal action, and that’s what happened.
The Colorado Supreme Court dismissed that case Tuesday, on the grounds that the plaintiff did not properly follow the correct process. So while the court didn’t address Phillips’ First Amendment rights , his lawyers say he should be protected going forward.
That’s because last year, the U.S. Supreme Court issued a pivotal decision in 303 Creative v. Elenis related to artists. That decision made it clear that the government cannot force creative professionals like web designer Lorie Smith to express messages they don’t believe.
Lorie Smith, the owner of 303 Creative, speaks to reporters outside the U.S. Supreme Court on Dec. 05, 2022. Anna Moneymaker/Getty Images
John Bursch, senior counsel with the Alliance Defending Freedom, which has represented Phillips pro bono throughout his legal battle, told me that the 303 Creative decision should protect Phillips. He also said the creative work Phillips’ does falls squarely within the court’s holding.
Yet, it doesn’t mean that Phillips and other business owners are fully in the clear.
“As long as people like Jack are willing to live out their faith in the public square, there’ll be folks who oppose that and do everything they can to silence them,” Bursch said.
I had a chance to sit down with Phillips this summer, as he awaited the Colorado Supreme Court’s decision.
He’s a soft-spoken, reserved man, who’s visibly affected by the years of constant attacks.
I asked what’s kept him going all this time, even though it’s been emotionally and financially trying on him and his family. When he couldn’t continue to make wedding cakes, starting with his first legal fight, his business took a significant hit.
“It’s the right thing to do,” Phillips told me. “These rights not only protect me, but they protect the people who are suing me. And they’re worth fighting for because if I lose my rights, we all lose these rights.”
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Phillips started his business because it combined several of his passions, including art and baking, and he even chose the name “Masterpiece Cakeshop” because it reflects his faith and is a nod to the Sermon on the Mount , during which Jesus said, “No one can serve two masters.”
“It brings my art background, my love for baking, and you’re working face-to-face with people all day,” he said. “The team that you work with, the strangers that come in. I love it all.”
Now that his latest legal battle is over, I hope Phillips can once again focus on doing what he loves.
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