Scardina v. Masterpiece Cakeshop
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Description: The same attorney who filed an unsuccessful complaint with the Colorado Civil Rights Commission in 2017 commenced a lawsuit in state court over the same custom cake request the attorney made at that time. The request was for a custom-designed cake, pink on the inside and blue on the outside, to reflect and celebrate a gender transition. Phillips’ shop declined that request because the customer specifically requested that the cake express messages and celebrate an event in conflict with Phillips’ religious beliefs. The decision was not because of the person who requested it, as Phillips would not create a cake expressing the requested message no matter who asked for it.
Court takes vital first step towards justice for Masterpiece Cakeshop owner
The following quote may be attributed to Alliance Defending Freedom General Counsel Kristen Waggoner regarding the District Court of Colorado’s decision Thursday to dismiss one of the two claims against Colorado cake artist Jack Phillips in Scardina v. Masterpiece Cakeshop:
“The decision by the court to dismiss one of the claims against Jack Phillips is the first step towards final justice. Jack has been threatened with financial ruin simply because he makes decisions about which messages to create and celebrate—decisions that every other artist in Colorado is free to make. Tolerance for different opinions is essential. We look forward to defending Jack—and ultimately prevailing—on the remaining claim.”
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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- Adam Liptak: Cake is his ‘art.’ So can he deny one to a gay couple? (New York Times, 2017-09-16)
- William McGurn: The Christian baker who said ‘no’ (Wall Street Journal, 2021-03-22)
- Fox & Friends: Interview with Jack Phillips and Kristen Waggoner (Fox News, 2021-03-25)
- Night Court with Shannon Bream: Interview with Jack Phillips and Kristen Waggoner (Fox News, 2021-03-27)
Previous News Releases
Kristen K. Waggoner serves as general counsel with Alliance Defending Freedom. In this role, Waggoner oversees the U.S. legal division, a team of 100 attorneys and staff who engage in litigation, public advocacy, and legislative support. ADF has represented the prevailing parties in multiple U.S. Supreme Court victories, including Masterpiece Cakeshop v. Colorado Civil Rights Commission, which she argued. Waggoner continues as lead counsel in Arlene's Flowers v. State of Washington, which the Supreme Court remanded to the Washington Supreme Court. She argued Uzuegbunam v. Preczewski at the high court in the 2020-21 term. She is a Peer Review Rated AV® Preeminent™ attorney in Martindale-Hubbell, who clerked for Justice Richard B. Sanders of the Washington Supreme Court after law school and served in private practice in Seattle for nearly 20 years. Waggoner is admitted to practice in multiple states, the Supreme Court, and numerous federal district and appellate courts.