Masterpiece Cakeshop v. Colorado Civil Rights Commission

The Supreme Court ruled in favor of cake artist Jack Phillips and his business Masterpiece Cakeshop in a 7-2 decision.

The Supreme Court issued its decision on June 4, 2018.

Jack Phillips was represented by Alliance Defending Freedom, the world’s largest legal organization committed to protecting religious freedom, free speech, the sanctity of life, parental rights, and God’s design for marriage and family. Now CEO, President, & ADF General Counsel Kristen Waggoner defended Jack during oral arguments at the Supreme Court on December 5, 2017.

The Supreme Court ruled that the Colorado Civil Rights Commission had violated the Free Exercise Clause and Jack Phillips’s First Amendment rights. Writing for the majority, Justice Anthony Kennedy wrote that “the Commission’s treatment of Phillips’ case violated the State’s duty under the First Amendment not to base laws or regulations on hostility to a religion or religious viewpoint … the record here demonstrates that the Commission’s consideration of Phillips’ case was neither tolerant nor respectful of his religious beliefs.”

However, because the free exercise violation was so clear in Masterpiece, the Court did not address whether Colorado violates the First Amendment when it forces people to say something they don’t believe or to create art that violates their deeply held beliefs.

Thankfully, this December, ADF is representing another Colorado resident at the Supreme Court—graphic artist and web designer Lorie Smith. Like Jack, Lorie serves everyone, including those who identify as LGBT; she simply doesn’t speak all messages. And like other artists, Lorie cannot design custom websites and art that violate her deeply held religious beliefs. The Supreme Court has agreed to hear her case, 303 Creative v. Elenis, to answer the question of “whether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.” We are hopeful the Supreme Court will affirm once again that free speech is for everyone and that the government can’t force anyone to say something they don’t believe.