Jack Phillips of Masterpiece Cakeshop has already survived one attempt to bring him to heel for his refusal to indulge the LGBT left with his decorative cakes. Phillips won at the Supreme Court when the Colorado state government tried to have him fined for discrimination after he refused to bake a cake for a lesbian wedding. But despite winning that crucial victory, Phillips is not out of the woods yet. That was made blindingly obvious this week when a Colorado district court ruled that transgender attorney Autumn Scardina may move forward with “her” lawsuit against the Christian business owner.
Scardina’s lawsuit is basically the original lawsuit all over again; he tried to get Phillips to bake a cake celebrating his transition from male to female. When Phillips refused, citing his religious beliefs, Scardina filed a complaint with the Colorado Civil Rights Commission. But when that approach failed – mainly because the CCRC had already been put in their place by the U.S. Supreme Court, he decided to take matters into his own hands, filing a lawsuit against Phillips for $100,000 in state court.
In an email to the Washington Examiner this week, Phillips lawyers at the Alliance Defending Freedom said this was an obvious attempt to punish the baker for his religious beliefs.
“This harassment has to end,” they wrote. “We all know Jack Phillips serves everyone, and that there are certain messages he can’t express, no matter who requests them. For years, Scardina, an activist attorney, has targeted Jack simply because of his faith—emailing Jack in 2012, calling him a ‘bigot’ and a ‘hypocrite’ and then following those slurs up with a series of apparent set-ups. Moments after news broke that the U.S. Supreme Court would hear Jack’s first case, the attorney called Jack to request a custom cake that would celebrate a gender transition. And a few months later, this attorney circled back to request a cake depicting Satan smoking marijuana.
“The main reason this attorney would file a lawsuit that seeks over $100,000 from Jack rather than follow the required course of appealing the Civil Rights Commission’s dismissal is to financially ruin Jack and his shop,” they continued. “Scardina is on a mission to purge Jack—and people with beliefs like Jack’s—from the marketplace. It’s not going to work. We will steadfastly defend Jack for as long as this baseless lawsuit proceeds.”
This is disgusting, and the Supreme Court bears a certain amount of responsibility. Instead of clearly ruling that no lesbian or transgender customer can compel a business owner to celebrate their sexual lifestyle, they sidestepped the main issue when they ruled on Phillips’ original case. It was a cowardly ruling that focused on remarks made by members of the Colorado Civil Rights Commission instead of the First Amendment. If they had ruled on the true issue of the case, trolls like Scardina would not have standing to sue Phillips today.
If this case winds up before the Supreme Court, lets hope the conservative justices have the guts to put the LGBT mob out of business for good.