Remember Colorado cakeshop baker Jack Phillips, who had the temerity to protest that he not be forced to create a cake to honor something that went against his religious beliefs?
That was so 2018, you might say. The baker won his case, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, in the Supreme Court in a 7-2 verdict, and everyone moved on.
They didn't, though.
The case began in 2012 when Phillips told a same-sex couple he would not create a cake for their wedding celebration because of his Christian religious opposition to same-sex marriage, a marriage Colorado did not recognize. He did tell them he would sell them other cakes or baked goods. The couple then filed a charge with the Colorado Civil Rights Commission, creating the case that ultimately wound up before the high court.
In the ruling, now retired Justice Anthony Kennedy ripped into the comment of Colorado Civil Rights Commissioner Diann Rice, who said citing freedom of religion "is one of the most despicable pieces of rhetoric that people can use to hurt others."
He said, "To describe a man's faith as 'one of the most despicable pieces of rhetoric that people can use' is to disparage his religion in at least two distinct ways: by describing it as despicable, and also by characterizing it as merely rhetorical - something insubstantial and even insincere."
The ruling also noted that the Commission had applied an overt double standard that was clearly discriminatory by allowing other bakers to refuse to create products with anti-gay messages.
Yet, the defendant was not at all chastened. In a public meeting following the ruling, Commissioner Rita Lewis said, "I support Commissioner Diann Rice and her comments. I don't think she said anything wrong." Later, Commissioner Carol Fabrizio added, "I was actually proud of what she said, and I agree with her I'm almost glad that something the Commissioner said ended up public and used, because I think it was the right thing."
Not surprisingly, folks began looking for new ways to trap Phillips. Indeed, they had been doing so for several years. The same person, Phillips believes, requested a birthday cake for Satan featuring Satan smoking marijuana, a cake with "an upside-down cross, under the head of Lucifer," a cake with a large figure of Satan licking a 9-inch [working] black [penis], a cake featuring a pentagram, and finally, a cake with "a blue exterior and a pink interior" that reflected the fact the buyer "transitioned from male-to-female and that the [individual] had come out as transgender."
It was the last of those cakes that, once again, the Colorado Civil Rights Commission objected to the baker not agreeing to prepare. There was, it ruled, "probable cause," he had violated the requester's civil rights.
That brings us to last week, when the state of Colorado dropped its case against Phillips. The reason, according to Alliance Defending Freedom (ADF), which represented him, is that evidence was presented showing the Commission displayed "ongoing hostility" toward religious freedom.
"We're pleased that the state has dismissed its case against Jack," said Kristen Waggoner, the ADF senior vice president of U.S. legal division who argued on the baker's behalf. "This is the second time the state has launched a failed effort to prosecute him. While it finally appears to be getting the message that its anti-religious hostility has no place in our country, the state's decision to target Jack has cost him more than six-and-a-half years of his life, forcing him to spend that time tied up in legal proceedings."
Phillips, in turn, dropped his federal court case against the state.
Colorado Attorney General Phil Weiser, attempting to save face, said "after careful consideration of the facts, both sides agreed it was not in anyone's best interest to move forward with these cases."
The problem is the left will continue to pursue the Phillipses in the U.S., whether they bake cakes, don't want to pay for contraceptives or abortions for employees, want to speak on college campuses, have doubts about climate change or believe the Southern border shouldn't be a porous sieve.
In the mind of the left, only one way is correct - their way, their belief, their opinion. Allowing the other side to prevail, or even to consider compromise, is unthinkable. They remind us of children on the playground who demand "do-overs" until a decision goes their way, or of the child who gets a "no" answer from one parent and runs immediately to the other parent in order to secure a different response.
For the faithful, for conservatives, for those who favor the rule of law, these are trying times. Most won't sacrifice like Phillips has in order to prevail. It may take many such sacrifices, though, if we're to keep our country together.