On this we can agree with BuzzFeed: Custom-designed cakes are artistic works. It’s obvious in the cake art they highlight in this video.
It’s also obvious in the work of our client Colorado cake artist Jack Phillips, whose cakeshop was once called an “art gallery of cakes” by a local journalist. He sculpts and paints cakes to create custom designs for his clients. And the results are similarly stunning – just look at the detail in Jack’s custom works.
It’s hard to deny that these cakes are art. Like an artist painting on canvas or sculpting from marble, Jack custom designs these beautiful creations. And when he crafts a custom wedding cake, he produces artistic expression protected by the First Amendment.
That’s why we are defending Jack’s right to create art that is consistent with his beliefs and decline to do so if it requires him to celebrate events or express ideas that violates his beliefs. Jack was sued by the State of Colorado for politely declining to design a custom cake for a same-sex wedding because of his religious beliefs about marriage. Although Jack will gladly create cakes for all people, including people who identify as LGBT, he cannot create a cake to celebrate something that goes against his religious convictions.
We are asking the U.S. Supreme Court to uphold Jack’s freedom to peacefully live and work according to his faith. As the Supreme Court has said itself: “At the heart of the First Amendment lies the principle that each person should decide for himself or herself the ideas and beliefs deserving of expression, consideration, and adherence.” That is why the Court should affirm Jack’s freedom to decline to create art that celebrates a view of marriage that conflicts with his own.
Stay up to date on the latest in Jack’s case—and how it impacts you—from the legal team defending him before the Supreme Court.