Christian Baker Jack Phillips Back in Court as 8-Year Legal Saga Drags on - This Time It's a Transgender Cake
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- We begin with thetrial of a Denver baker
who has become known for standing firm
for his Christian beliefs.
This time, Jack Phillips is on trial
for refusing to make a cakecelebrating a gender transition.
You may remember Mr. Phillips'
partial Supreme Courtvictory, back in 2018.
That case was about his refusal
to bake a wedding cake for two men.
The Supreme Court ruled
that the Colorado Civil Rights Commission
showed anti-religious bias,when it sanctioned Phillips
for his refusal to make that cake.
But the court did notrule on the bigger issue,
whether businesses can refuseservice to LGBTQ customers,
based on religious beliefs.
Well, this week a state judge in Denver
presided over a virtual trial,
in regards to Phillips' refusal
to make this transition gender cake.
Customer Autumn Scardina, an attorney,
and who identifies as a transgender woman,
said she wanted to test Mr. Phillips
after hearing that he wouldn'tmake a gay wedding cake
for religious reasons,
but would sell any other type of product.
In a 2019 deposition,she is quoted as saying,
"I truly believe that.
I want to believe that he's a good person.
I want to believe that hecould be sort of persuaded
to the errors of histhinking," Scardina said,
according to a transcript thatwas previewed by Fox News.
Scardina placed an order on the same day
the Supreme Court announced it would hear
Phillips same-sex wedding cake case.
In court, she denied thatthe order was a set up.
Instead, she described it as quote,
"Calling someone's bluff."
We're joined now by attorney Jake Warner,
at Alliance Defending Freedom.
Sir, thank you so much forcoming on the broadcast.
Mr. Phillips says thisgender transition cake case
is a trap, do you see it that way?
- I certainly do see it that way.
If you remember back a few years ago,
on the same day thatthe U.S. Supreme Court
decided to hear Jack's first case,
this local Denver attorney contacted Jack
to request a custom pink and blue cake
to celebrate a gender transition.
And a few months later, thesame attorney called Jack
requesting a custom cakedepicting Satan smoking marijuana.
But this attorney has beentracking Jack for a long time.
To go back to 2012, thisattorney emailed Jack,
calling him a bigot and a hypocrite.
What's clear from thesefacts is that this attorney
has been hounding Jack for years,
all because this attorneydisagrees with Jack's views
on sex and gender.
- Tell us how the trial this week went?
- The trial went very well this week.
It's very clear that whileJack serves everyone,
he just can't express every message
through his custom cakes.
And I think the judge understood that.
This case is about someonewho's harassing Jack
into trying to express a message
that Jack cannot, due tohis religious beliefs.
- Mr. Phillips hasdropped a federal lawsuit
against the state in which he accused it
of trying to crush him, bypursuing the Scardina complaint.
Are you concerned that hereally is becoming a target,
and will find himselffacing even more orders
that go against his religious beliefs?
- Right, Jack has been a target for years.
The state tried to prosecuteJack, but you might remember
that that case ended a few years ago,
when new evidence of the state's hostility
against Jack surfaced.
But that hasn't stopped some activists,
like this local attorney,from still harassing Jack,
all because that theydisagree with Jack's beliefs
on important life issues,like sex and gender.
- How is Mr. Phillips holding up
after almost 10 years of legal battle?
He described to one news outlet,
that he had his daughter,
as well his wife having to testify again.
How's he doing?
- He's doing well.
He's endured nearly adecade of litigation.
He's lost a significantpart of his business.
And just this week,
he had to watch his wifeand daughter stand trial
because of a stand that hemade for his religious beliefs.
It's been a tough time forJack, but he is a faithful man,
and he's trusting that Godwill do big things for him
through this case.
- Can you talk about the bigger picture?
Is this sort of just symptomatic
of perhaps what we aregoing to face down the road,
others like Mr. Phillips,
and folks who have religiousbeliefs on certain issues?
Is this gonna be what we'regonna be facing in the future?
- This is a big problem.
It's not only affected Jack,
but it's affected creativeprofessionals around the country.
State officials are applying certain laws
to force these people to express messages
that go against their core beliefs.
And more and more courtsover the past few years
have stepped up and said no,the government can't do that
under the First Amendment.
And what we're hoping isthat the U.S. Supreme Court
will weigh in and say no,
no government official hasthe power to punish people
for declining to express a message
that goes against their core beliefs.
- Okay, Mr. Warner, we willhave to leave it there.
Jake Warner with theAlliance Defending Freedom,
and incidentally the groupthat is also representing
Mr. Phillips in this case.
Thank you so much forcoming on the broadcast,
and have a great weekend, okay.
- Thanks, you too.- You're welcome.