For years, Colorado cake artist Jack Phillips has endured targeted attacks against him and his business, Masterpiece Cakeshop.
It all started in 2012 when the Colorado Civil Rights Commission pursued legal action against him after he respectfully declined a request to custom-design a cake celebrating a same-sex wedding.
On June 4, 2018, Jack finally received the victory he deserved in that case. In a 7-to-2 ruling in favor of Jack, the US Supreme Court held that the state had acted with “clear and impermissible hostility” toward Jack’s religious beliefs, violating the First Amendment.
It should have ended there. But just when Jack thought he could breathe a sigh of relief, the same Colorado government agency decided to pursue Jack a second time—mere weeks after the high court’s decision. This time around, Colorado officials came after Jack because he declined to custom-design a cake celebrating a gender transition.
Colorado was unjustly targeting Jack. Thankfully, after Jack filed a federal lawsuit against the state, it backed off. But Jack’s legal journey wasn’t over. The individual who requested the gender-transition cake (who also happens to be an attorney) wasn’t satisfied and decided to sue Jack in state court.
Case Background
On June 26, 2017, a local attorney named Autumn Scardina called Masterpiece Cakeshop and requested a custom cake: designed blue on the outside and pink on the inside to celebrate Scardina’s birthday, and reflect a transition from male to female. The shop declined the request because the message of the cake contradicts Jack’s religious belief that God creates people either male or female.
But the day that call came wasn’t just another summer day. It was the same day the US Supreme Court announced that it would hear Jack’s first case—Jack and Masterpiece Cakeshop were all over the news.
As MSLF attorney Erin Erhardt explained, “The very day SCOTUS agreed to hear Jack’s case about creating a same-sex wedding cake, Scardina called Masterpiece Cakeshop to order a birthday cake. However, Scardina quickly explained that the cake was intended to celebrate not only Scardina’s birthday but also gender transition. Of course, Masterpiece declined to make the cake, as Jack does not use his talents to create messages that do not align with his religious beliefs.”
After a few months of abandoned charges from the Colorado Civil Rights Division, Scardina decided to sue Jack over his denial of the transgender cake in a state court, a lawsuit which could bring financial ruin on Jack and his business.
A trial court ruled against Jack, so he appealed his case to the state appeals court. That court also ruled against Jack in a decision that would force him to express messages that violate his beliefs. Jack is appealing that ruling to the Colorado Supreme Court.
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What’s at Stake
We live in a country where freedom of speech is protected. While we may disagree on certain issues, we should all be free to speak or not speak as we see fit. Jack Phillips, just like every creative professional, has the right to decline to use his artistic abilities to express messages or celebrate events he disagrees with.
If, under the guise of public accommodations, the state can command a message out of Jack’s mouth, free speech will be laid to rest. Jack Phillips would have never gone to the Supreme Court, nor would he be in court now, if the issue was over painting or sculpting a message he disagrees with. Art comes in all forms, and Jack’s paint and clay just happen to be edible. Americans’ creativity will be stifled if art is created with a gun-to-the-head approach.
“Just because Jack Phillips’ art is edible does not mean it deserves any less protection under the Constitution,” said MSLF attorney Kaitlyn Schiraldi. “Although the request is simple—a blue cake with pink frosting denoting a gender transition—symbolism is protected under the First Amendment and cannot be compelled.”
But over the course of Jack’s legal battle, one thing has become abundantly clear: For some, it will never be enough to politely agree to disagree about important issues like the meaning of marriage or whether to celebrate a gender transition.
For some, it won’t be enough until Masterpiece Cakeshop closes its doors. They want Jack, an average American business owner, to pay a hefty price. All because he wants to speak—or not speak—through his art.
Mountain States is urging the Colorado Supreme Court to determine that custom cake baking is an art form worthy of the First Amendment’s protection.
Case Timeline
- June 2019: Autumn Scardina filed a civil lawsuit against Jack.
- July 2019: Jack’s attorneys at the Alliance Defending Freedom filed a motion to dismiss this lawsuit and asked the court to bring an end to this harassment of Jack.
- April 2020: A district court heard arguments on that motion. A few weeks later, the court entered an order allowing part of the lawsuit to move forward.
- June 2021: The court ruled that Jack can be punished for declining to design cakes that violate his beliefs.
- August 2021: Jack filed a notice of appeal to the Colorado Court of Appeals.
- January 2023: After the Colorado Court of Appeals ruled against Jack, he announced he would appeal the decision to the Colorado Supreme Court.
- April 2023: Jack filed a petition asking the Colorado Supreme Court to uphold his rights.
- April 2023: Mountain States Legal Foundation filed an amicus brief in support of Jack on behalf of the Americans for Prosperity Foundation, urging the Colorado Supreme Court to determine that custom cake baking is an art form worthy of the First Amendment’s protection.
- October 2023: The Colorado Supreme Court granted a writ of certiorari to Jack, agreeing to hear his case.
- December 2023: Mountain States Legal Foundation filed an amicus brief in support of Jack, arguing that Jack’s custom cake backing is an art and speech worthy of protection under the First Amendment.
*This webpage’s copy is modified from the original language from the ADF’s case page.
