“One wonders how the case would have come out if the Colorado Commission had not been overtly hostile to Jack Phillips.”

By William Olson and Herb Titus, first published June 5, 2018, by Restoring Liberty

[On June 4], the Supreme Court ruled in favor of cake maker Jack Phillips in the Masterpiece Cakeshop case. Justice Kennedy wrote the decision for the Court, joined by six other justices, both liberal and conservative. Justices Gorsuch and Alito concurred, Justices Thomas and Gorsuch concurred, Kagan and Breyer concurred, and Justices Ginsburg and Sotomayor dissented.

There is very little principled analysis in any of the Court’s five opinions except for that of Justice Thomas, who concluded that Phillips was denied his freedom of speech.

Justice Kennedy’s majority opinion focused mainly on the despicable treatment Phillips received in front of the Colorado Civil Rights Commission. In particular, Justice Kennedy noted that the Commission ruled against Phillips for his refusal to bake a pro-gay cake, but ruled in favor of three other bakers who refused to bake anti-gay cakes.

The significance of the majority opinion is nicely summed up in its last paragraph: “The outcome of cases like this in other circumstances must await further elaboration in the courts, all in the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market.”

In other words, this decision is essentially confined to his facts — ruling for Jack Phillips because the Colorado commission was openly hostile towards Phillips’ religious beliefs. Every future case involving such a state “public accommodations” law, however, will be a balancing act, conducted by federal judges, pitting homosexual “dignity” against sincere religious beliefs.

Victim of Homo-Fascism: Lakewood, CO baker Jack Phillips has lost 40 percent of his business after closing down the wedding cake part of his business so as not to be forced to make a cake celebrating a homosexual-sin-based “wedding.”  To read an in-depth 2014 article documenting the battle between freedom of conscience and homosexual “rights,” go HERE. Read the Appeals Court ruling against Phillips HERE.

[Read the Colorado Court of Appeals ruling against Jack Phillips HERE]

Folks, we suspect that ‘homo-fascism’ of the sort that these two homosexual activists are perpetrating against Lakewood, Colorado baker Jack Phillips, owner of Masterpiece Cakeshop, will prevail when it is appealed to the state’s supreme court. The question is: when will the U.S. Supreme Court finally take a case like this (or the Huguenins’ photography case in New Mexico) pitting religious liberty against homosexuality-based “rights.” That decision ultimately will either protect religious freedom in these United States of America or deal it a critical blow. Meanwhile, we’re losing these cases at the lower courts (and state supreme courts), while the ACLU, which purports to defend “individual rights,” is celebrating the negation of Phillips’ freedom not to violate his strong Christian beliefs. [See CBN video below, and ADF background on the case HERE.]

Is it just a coincidence that homosexualism and “progressivism” are leading the assault on religious freedom in America? Hardly. This case isn’t about “rights” or “discrimination” or “equality.” It’s about homosexual activists’ resentment of God and biblical truth and their obsessive drive to compel others to honor their sinful sexual behavior–perhaps to quell their guilty conscience–using the force of law. Apparently many LGBT activists and allied “progressives” are willing to kill liberty itself to accomplish that goal. —  — Peter LaBarbera, AFTAH: @PeterLaBarbera

_______________________

“[F]or citizens like Jack Phillips, the court has created a novel exception to the First Amendment — you’re entitled to believe, but not entitled to act on those beliefs. You’re not free if your beliefs are confined to your mind. What makes America unique is our freedom to peacefully live out these beliefs. “–ADF attorney for Jack Phillips

The local CBS4 News reports:

‘The Ruling Is Wrong’ Says Baker After Losing Appeal Of Wedding Cake Case To Gay Couple

August 13, 2015 1:48 PM

DENVER (CBS4) – The Colorado Court of Appeals has sided with a gay couple in the fight over a wedding cake saying a baker cannot cite religious beliefs in refusing service.

Lakewood baker Jack Phillips, who owns Masterpiece Cakeshop, refused to make a wedding cake for Charlie Craig and David Mullins in 2012 saying it was against his religious beliefs. The couple married in Massachusetts but planned to celebrate in Colorado.

Craig and Mullins then sued Phillips and the court found that he violated the law preventing businesses from discrimination based on sexual orientation.

Honor Our (Phony, Sin-Based) “Marriage” or We’ll Sue You! Homosexual activists David Mullins (left) and Charlie Craig discuss their court victory against Christian baker Jack Phillips with local CBS news. Click to enlarge. Go here to view CBS4 broadcast online.

Phillips tried to appeal that order arguing that it violated his First Amendment rights. Both sides made their case to the Court of Appeals in July and the court took until now to rule in favor of the couple.

“We feel like the court today affirmed the argument that we have been making that the treatment we received at Masterpiece Cakeshop was both illegal and wrong,” Mullins said.
“The court basically validated what we’ve been fighting this whole time,” Craig said.