Press Statement
FOR IMMEDIATE RELEASE
LAKEWOOD, Colo. (October 11, 2024) — On Tuesday October 8, the Colorado Supreme Court voted 4-3 to dismiss a lawsuit against Jack Phillips, owner of Masterpiece Cakeshop, due to procedural reasons related to the plaintiff’s filings, marking another victory—however short-lived—of his 12-year legal battle. The lawsuit accused Phillips of discriminating against a transgender attorney by declining to bake a custom cake celebrating what the plaintiff called their gender transition.
Since 2012, Alliance Defending Freedom (ADF) attorneys have defended Jack Phillips, who was first sued for declining to create a custom cake for a same-sex wedding due to his religious beliefs. Phillips has faced attacks from government officials and activists opposed to his views, including the plaintiff who filed the recent lawsuit, who tried to argue that he was discriminating based on gender identity. Phillips previously won a major victory in the U.S. Supreme Court in 2018 with Masterpiece Cakeshop v. Colorado Civil Rights Commission. However, on the day that the Court agreed to hear his case in 2017, the plaintiff in the recent case, Autumn Scardina, requested a cake to celebrate a “gender transition.” When Phillips declined, citing his religious beliefs, Scardina initiated a new legal battle.
Mountain States Legal Foundation (MSLF) supported Jack Phillips by filing an amicus brief in December 2023, arguing that his refusal to create a custom cake was protected under the First Amendment due to his religious beliefs. MSLF was joined by the Americans for Prosperity Foundation, the Southeastern Legal Foundation, and the Manhattan Institute. We emphasized that the U.S. Supreme Court has recognized symbolic expression as a form of free speech for over half a century. The specific design features of the cake requested by Autumn Scardina were intended to convey a message, and forcing Phillips to create it would violate his First Amendment rights. MSLF’s brief argued that creating a cake is expressive speech, and the lower courts erred in treating it otherwise.
While the Court did not rule on the case’s merits and dismissed the lawsuit due to a technical filing error, Mountain States Legal Foundation remains proud to have supported Jack Phillips in this battle. We will continue to advocate for the protection of free speech and religious liberty for all Americans. We are also grateful for our partners at Americans for Prosperity, Southeastern Legal, and the Manhattan Institute.
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Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest legal firm established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and the benefits of the free enterprise system. MSLF defends its clients through pro bono litigation and seeks victory for its clients at the highest level possible to establish binding legal precedents to benefit millions of Americans. Through its litigation and public discourse, MSLF educates the American public on the threat unrestrained government presents to our liberties. Learn more at mslegal.org