(The Center Square) – Masterpiece Cakeshop proprietor Jack Phillips appealed to the Colorado Supreme Court to overturn a decrease court docket’s ruling that he violated anti-discrimination rules by way of refusing to create a cake celebrating a gender transition.
Phillips and his lawyers from the Alliance Defending Freedom filed a petition on Thursday with the state’s absolute best court docket. In January, the state Court of Appeals dominated in choose of legal professional Autumn Scardina, who asked from Phillips a blue and purple birthday cake to have a good time transitioning from male to feminine. Scardina’s request used to be made in 2018 at the similar day the U.S. Supreme Court introduced it might listen a previous case involving Phillips. The country’s absolute best court docket dominated the Colorado Civil Rights Commission violated the Free Exercise Clause when it dominated Phillips will have to design a marriage cake to have a good time a same-sex marriage, which conflicted along with his Christian spiritual ideals.
After the telephone dialog the place Phillips declined to make the gender-transition cake for Scardina, the legal professional referred to as a 2d time asking for every other customized cake depicting Satan smoking marijuana, in accordance to felony paperwork. Phillips declined each requests since the desserts expressed messages that violate his core ideals.
“The request was a setup,” the 29-page petition states. “Five years sooner than, Scardina emailed Phillips two times – calling him a ‘bigot’ and a ‘hypocrite.’ Scardina additionally emailed the (Colorado Civil Rights) Commission, volunteering to turn out to be a complainant towards Phillips.”
The petition argues the Appeals Court choice conflicts with its different rulings deciphering the Colorado Anti-Discrimination Act. It additionally argues the court docket integrated and misinterpreted federal legislation to in finding Phillips violated state legislation.
Phillips’ lawyers additionally argue the Colorado court docket choice is contradictory to constitutional ideas affirmed by way of the U.S. Supreme Court, together with precedents involving loose speech.
“The court below wrongly applied a much stricter test with a new element, holding that the requested cake is not speech because its message ‘would not be attributed’ to Phillips,” the petition states. “But whether the cake is speech does not turn on whether others would attribute its message to Phillips. No one thinks a driver endorses the motto on his government-issued license plate.”
The lawyers concluded the petition by way of emphasizing the period of Phillips’ litigation.
“Phillips has been in court over a decade defending his right – and the right of all Americans – to create freely,” the petition states. “And he’s faced hostility at nearly every turn. That must stop. People of faith – like anyone else – should be ‘fully welcome in Colorado’s business community.’ They should not be forced to choose between their faith and their art. Protecting Phillips here will keep Colorado diverse and free for all.”
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