A Colorado baker who won a Supreme Court case over his refusal to make a wedding cake for a gay couple is being sued for the third time over claims of discrimination.
Jim Cambell, senior counsel for Alliance Defending Freedom, who represented Phillips in his other cases called the case another attempt to harass the cake artist.
Phillips describes himself as an artist who uses cakes to express himself. Campbell said that although the baker is happy to serve all customers, as well as the attorney who lodged the complaint against him but does not create cakes that express messages against or celebrate events in conflict with his religious beliefs.
Past Legal Dispute
In a 2018 Supreme Court case, Phillips won a case against Colorado’s Civil Rights Commission where he refused to bake a same-sex wedding cake. The court ruled that the commission was influenced by anti-religious bias in reaching its decision against Phillips. The court said this violated Phillips’ rights under the First Amendment.“The commission’s hostility was inconsistent with the First Amendment’s guarantee that our laws be applied in a manner that is neutral toward religion,” Justice Anthony Kennedy said in the majority opinion on the case.
Kennedy claimed the commission was required under the First Amendment’s free exercise clause to “proceed in a manner neutral toward and tolerant of Phillips’ religious beliefs.” However, the Supreme Court did not rule on whether Phillips’ actions actually violated Colorado’s anti-discrimination laws.
Scardina filed a complaint against Phillips with the Civil Rights Division, who ruled in her favor on June 28.
The director of the state’s Civil Rights Division, Aubrey Elenis, ruled that Phillips discriminated against Scardina and ordered both sides to resolve the issue through “compulsory mediation.”
The complaint says that the state “has been on a crusade to crush … Phillips because its officials despise what he believes and how he practices his faith.”
“This lawsuit is necessary to stop Colorado’s continuing persecution of Phillips.”
“We hope that the state is done going along with obvious efforts to harass Jack,” said Campbell, reported the wire. “He shouldn’t be driven out of business just because some people disagree with his religious beliefs and his desire to live consistently with them.”