Masterpiece Cakeshop v. Scardina

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. Masterpiece Cakeshop declined that request because the customer specifically requested that the cake express messages and celebrate an event in conflict with owner Jack 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.

Case Timeline

• June 2019: Autumn Scardina filed a civil lawsuit against Jack.
• July 2019: ADF attorneys filed a motion to dismiss the lawsuit and asked the court to bring an end to this harassment of Jack.
• April 2020: A district court heard arguments on that motion. A few weeks later, the court entered an order allowing part of the lawsuit to move forward.
• March 2021: The case went to trial.
• June 2021: The court ruled that Jack can be punished for declining to create custom cakes that violate his beliefs.
• August 2021: ADF attorneys representing Jack filed a notice of appeal to the Colorado Court of Appeals.
• April 2023: After the Court of Appeals upheld the lower court’s decision, ADF attorneys appealed to the Colorado Supreme Court.
• July 2023: ADF attorneys filed a supplemental notice asking the Colorado Supreme Court to apply the U.S. Supreme Court’s landmark decision in 303 Creative v. Elenis to similarly affirm Jack’s First Amendment rights.
• October 2023: The Colorado Supreme Court agreed to hear the case.
• June 2024: The court heard oral argument in the case.
• October 2024: The Colorado Supreme Court dismissed Scardina’s lawsuit, bringing an end to the attorney’s lawsuit attempting to harass Jack.