In an emotional testimony, Jack Phillips, owner of Masterpiece Cakeshop, shares his ongoing battle for freedom of speech and conscience. Facing relentless lawsuits for declining to create custom cakes that violate his beliefs, Phillips implores the Colorado Supreme Court to uphold the Supreme Court's ruling insulating free speech protections for artists.
I stood once again in court on Tuesday, alongside my Alliance Defending Freedom attorneys, pleading to the Colorado Supreme Court for justice in a relentless pursuit that has haunted me for over a decade. The demand that I express a message, regardless of my beliefs, has become an oppressive weight upon my shoulders.
Jack Phillips: Supreme Court Ruling Protects Free Speech for Artists
As a cake artist, I treat my customers with respect, regardless of their background. I serve everyone, but I base my creative decisions on the message the cake will convey, not the individual requesting it. The message, not the person, guides my artistry.
Cakes have long served as expressive mediums, conveying messages since ancient times. Nearly every day, I receive requests for custom cakes, some with words and others with symbolic elements. For instance, in joyous anticipation, parents request cakes with blue or pink interiors to unveil the gender of their unborn child. Blue signifies a boy, pink a girl. When I execute these cakes with precision, I become a vessel for revealing this cherished secret.
Jack Phillips: Supreme Court Ruling Protects Free Speech for Artists
Years ago, an attorney presented me with a peculiar request: a cake with a blue exterior and a pink interior, symbolizing a "transition from male to female." I perceived the symbolism inherent in the design. Additionally, she asked for a cake depicting Satan smoking marijuana, an attempt to sway my beliefs. I politely declined both requests, offering the same services I extend to all customers.
My decision led to a lawsuit. I was no stranger to legal battles, having endured five years of prosecution by state officials who compared me to Nazis and slaveholders. They denied me the same freedoms afforded to secular artists simply because they disagreed with my religious convictions. The Supreme Court ultimately ruled that this hostility violated my religious freedom, but the issue of my freedom of speech remained unresolved, leaving me vulnerable to further harassment.
Jack Phillips: Supreme Court Ruling Protects Free Speech for Artists
In an era marked by escalating anger and social strife, civility is a virtue that my neighbors and countless Americans crave. Coercion, on the other hand, is anathema to our society. Yet, six years after the Supreme Court's ruling, I find myself once again facing punishment for declining to express a message that contradicts my beliefs.
It is not just my freedom at stake; it is the freedom of every American. While we may differ in our definitions of marriage or the concept of gender transition, we should all agree that the government has no authority to compel anyone to express a message they do not believe.
If the state can punish me, it can force a lesbian designer to create graphics denouncing same-sex marriage; it can coerce a Black sculptor to craft a white cross promoting the racist Aryan Nation Church; and it can compel a Taiwanese cake artist to design a red cake celebrating the communist revolution. Such power should not reside in the hands of any government.
A more civilized approach is available. Years ago, a local gay man, a former activist who had heard of my situation, visited my shop. He wanted to see for himself who I was and why I was taking this stand. I welcomed him and inquired how I could assist him. Since then, he has returned at least 25 times, requesting cakes and even asking for prayers. Despite our differences on certain issues, he has become my friend and has testified on my behalf.
That is the essence of civility: a cordial willingness to treat each other with kindness and respect. In an era marked by growing anger and social upheaval, civility is what my neighbors and millions of Americans are seeking. Coercion has no place in our society.
Last year, the Supreme Court ruled that the same Colorado law being used to punish me cannot compel artists to express ideas they oppose. I presented my case to the Colorado Supreme Court on Tuesday, urging them to reaffirm this crucial ruling.
After all, free speech is a fundamental right that belongs to all, even cake artists like me.
