The Reformed Advisor

Why the New Lawsuit Against a Cake Maker Should Terrify You

Posted on September 4, 2018 in Public Policy, Religious Freedom by

Jack PhillipsThe case of Jack Phillips has been concerning since the beginning. The fact that he was sued and forced to pay fines, undergo special inspections on his business, and endure “sensitivity training” to make sure he knew how horrible of a person he was for not baking that cake is ridiculous.

It’s more than ridiculous. It sounds like something out of a communist country.

However, the new lawsuit filed against Jack is not concerning, it’s terrifying.

Despite the Supreme Court’s ruling that Jack cannot be targeted for his faith, the government in Colorado is targeting Jack for his faith. The Colorado government has decided that Jack simply should not be allowed to do business. It appears that the government has made up its mind that people of faith, people that want to live and do business according to their sincerely held beliefs, don’t belong in the pubic space.

This rogue government is now manufacturing ways to go after Jack and his business. Their actions are indicative of a political landscape in which tolerance has been thrown out the window. Here’s the story.

A person named Autumn Scardina has been harassing Jack Phillips since at least June of 217. This person has requested numerous custom cakes with clearly offensive messages and designs. In June of 2017 this person requested a cake celebrating her transgender transition. But rather than seeing this for what it is, a harassment campaign, the Colorado government has decided to use this against Jack.

Writing at National Review, David French elaborates:

“Lest anyone wonder whether this request was made in good faith, consider that this same person apparently made a number of requests to Masterpiece Cakeshop. In September 2017, a caller asked Phillips to design a birthday cake for Satan that would feature an image of Satan smoking marijuana. The name “Scardina” appeared on the caller identification. A few days earlier, a person had emailed Jack asking for a cake with a similar theme — except featuring “an upside-down cross, under the head of Lucifer.” This same emailer reminded Phillips that “religion is a protected class.”

“On the very day that Phillips won his case at the Supreme Court, a person emailed with yet another deliberately offensive design request: I’m thinking a three-tiered white cake. Cheesecake frosting. And the topper should be a large figure of Satan, licking a 9″ black Dildo. I would like the dildo to be an actual working model, that can be turned on before we unveil the cake. I can provide it for you if you don’t have the means to procure one yourself.

And finally, two days later, a person identifying as “Autumn Marie” visited Phillips’s shop and requested a cake featuring a pentagram. According to ADF, “Phillips believes that person was Autumn Scardina.”

Obviously, this is not a serious patron wanting a cake. This is an angry person carrying out an offensive attack against a humble businessman. The campaign is now being aided by the Colorado government.

recent article makes clear that Colorado is violating its own laws by attacking Jack for his beliefs:

“In the case that Jack won before the Supreme Court, the state admitted that cake artists—including Jack—are free to decline to create custom cakes with a ‘specific design’ that they will not make for anyone. That includes orders for wedding cakes that ‘featur[e] a symbol of gay pride,’ cakes that contain ‘pro-gay designs or inscriptions,’ or cakes with images opposing same-sex marriage. Although the state has repeatedly found no probable cause in other cases where cake artists refused to create custom cakes, the state treated Jack differently when he declined a request for an expressive cake celebrating the idea that sex—the status of being male or female—can be chosen and changed and that it is determined by perceptions and feelings.”

We should be shocked by the actions of the Colorado government. Citizens in the state should demand justice by impeaching government officials. Jack Phillips should file civil lawsuits against the government officials allowing his business to be harassed. This government backed harassment campaign is not just uncivil, it’s not just un-American, it’s blatantly illegal.

Business owners, entrepreneurs, take notice. Is this the state you want to do business in?

What’s really sad here, and most people wouldn’t know, is that Jack regularly refuses to make many types of cakes. He doesn’t make cakes celebrating Halloween, divorce, or anything of a sexual nature. And he refuses to make cakes disparaging the LGBT community. Yet, decent as he is, he is now the target of a modern day crusade.

It’s really simple. Colorado government officials have decided that they hate Jack’s views. They harbor such animus towards Jack that they will gladly engage in mob tactics, harassment, and illegal actions to destroy him. Let that sink in.

Everyone should be both outraged, and shocked by this case. But we should also hope that Jack continues to fight, all the way to the Supreme Court (again). And we should hope that the Supreme Court once again rules in favor of Jack. And that the court will send a loud and clear message that viewpoint discrimination, religious discrimination, are not welcome. And any government official or citizen that engages in such will be held personally responsible.

If not, we have much to be very concerned about.

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