Court Allows Christian Baker Jack Phillips to Sue Colorado for Anti-Religious Hostility

By Michael Gryboski
Christian Post

Colorado Christian baker Jack Phillips can continue his lawsuit against the state, accusing them of anti-religious bias against him for refusing to make cakes that support transgender identity and gay marriage, a federal court has ruled.

Judge Wiley Y. Daniel of the U.S. District Court for the District of Colorado issued an order last Friday allowing Phillips’ lawsuit against Colorado and its Civil Rights Commission to continue.

In his order, Judge Daniel did grant the Civil Rights Division Director Aubrey Elenis’ motion to dismiss Phillips’ claims against them for compensatory, punitive and nominal damages, and the motion to dismiss Phillips’ claims for prospective relief against Governor John Hickenlooper.

However, Daniel denied the motion to dismiss the other aspects of Phillips’ litigation, among them being his claim of having the standing to sue the defendants and Attorney General Cynthia Coffman’s motion to dismiss the claims against her.

Phillips is being represented by the Alliance Defending Freedom, a conservative law firm that has successfully argued litigation on behalf of Phillips at the U.S. Supreme Court.

ADF Senior Counsel Jim Campbell, who argued the lawsuit in front of the district court last month, said in a statement released on Mondaythat “Colorado is acting in bad faith and with bias toward Jack.”

“The same agency that the Supreme Court rebuked as hostile to Jack Phillips has remained committed to treating him unequally and forcing him to express messages that violate his religious beliefs,” stated Campbell.

“We look forward to moving forward with this lawsuit to ensure that Jack isn’t forced to create custom cakes that express messages in conflict with his faith.”

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Trump Admin. Backs Christian Baker in Supreme Court Gay Wedding Cake Case; ACLU 'Shocked'

Jack Phillips, Owner, Masterpiece Cakeshop

By Stoyan Zaimov

Christian Post

The Trump administration has outlined its support for Christian baker Jack Phillips, who declined to make a cake for a gay wedding, and his Masterpiece Cakeshop in Colorado in a friend-of-the-court brief to the U.S. Supreme Court.

"Forcing Phillips to create expression for and participate in a ceremony that violates his sincerely held religious beliefs invades his First Amendment rights," Acting Solicitor General Jeff Wall wrote for the Justice Department, according to CNN.

"The government may not enact content-based laws commanding a speaker to engage in protected expression: An artist cannot be forced to paint, a musician cannot be forced to play, and a poet cannot be forced to write."

The brief was filed Thursday, following several other friend-of-the-court briefs, including one from the Billy Graham Evangelistic Association. Masterpiece Cakeshop v. Colorado Civil Rights Commission is a major religious liberty case that is being closely watched by both sides of the same-sex marriage debate.

Phillips is challenging lower court decisions that found him guilty of discriminating against same-sex couple Dave Mullins and Charlie Craig in 2012, when he refused to make a cake for their wedding.

The Supreme Court announced in June that it will hear the Christian baker's appeal. Alliance Defending Freedom lawyers filed their opening brief on behalf of Phillips last week.

Justice Department spokesperson Lauren Ehrsam said in relation to the filing that the "First Amendment protects the right of free expression for all Americans."

The American Civil Liberties Union, which is representing the same-sex couple, slammed the decision to file the brief.

"This Justice Department has already made its hostility to the rights of LGBT people and so many others crystal clear," said Louise Melling, ACLU's deputy legal director.

"But this brief was shocking, even for this administration. What the Trump Administration is advocating for is nothing short of a constitutional right to discriminate."

Jack Phillips, owner of Masterpiece Cakeshop in Colorado, creates a cake.

Attorney General Ken Paxton also led a 20-state coalition in filing an amicus brief to the Supreme Court in support of Phillips, highlighting the artist's "constitutionally-protected right to religious liberty."

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