303<\/em>\u00a0decision has underscored the Supreme Court\u2019s determination to protect the free speech rights of all Americans under the First Amendment.<\/p>\nThat ruling should mean success for Phillips in his current appeal. Because the requested cake expresses a message, it is protected speech. The plaintiff made it clear when placing the order that the custom cake \u2014 pink on the inside, blue on the outside \u2014 was intended to communicate a very specific message celebrating a gender transition.<\/p>\n
What\u2019s more, the trial court found that the requested cake clearly \u201csymbolize[s]\u201d the plaintiff\u2019s \u201ctransition from male to female.\u201d The blue \u201crepresents male,\u201d while the pink \u201crepresents female\u201d; the message is unmistakable in context. Indeed, the very idea of commissioning a custom cake, for most customers, is to communicate a specific message of celebration and approval. The trial court suggested this cake request was no exception.<\/p>\n
Phillips\u2019 decision on whether to create a custom cake always comes down to the message the cake will express \u2014 not the customer asking. His willingness to serve anyone has been well-documented throughout his 11-year legal battle. In fact, a longtime gay customer testified for Phillips at trial, explaining that Phillips has always served him and treated him with respect.<\/p>\n
That commitment is consistent with Phillips\u2019 character, as well as his right to expressive freedom. He serves people from all backgrounds but cannot create custom cakes expressing messages contrary to his beliefs \u2014 and the Constitution says he shouldn\u2019t have to do so.<\/p>\n
A loss at the Colorado high court would likely mean another appeal to the U.S. Supreme Court, inviting the justices to apply\u00a0303 Creative<\/em>\u00a0to protect Phillips\u2019 freedom. But a win in Colorado would be a meaningful affirmation of the right of all Americans \u2014 whatever their beliefs \u2014 to express those beliefs without fear of government punishment.<\/p>\nIt would also mean a welcome end to the more than a decade of suffering Phillips and his family have endured in pursuit of their constitutionally protected freedoms. As one of his attorneys\u00a0for most of those years, I\u2019ve watched him move through challenge after challenge with persistence and faith \u2014 always hopeful, always thankful, always looking for a way to love his neighbor and to honor his God in the face of unrelenting opposition.\u00a0<\/p>\n
His example reminds me of Paul\u2019s\u00a0words<\/a>\u00a0to the Corinthians: \u201cWe are\u00a0hard-pressed on every side, yet not crushed;\u00a0we are\u00a0perplexed, but not in despair;\u00a0persecuted, but not\u00a0forsaken;\u00a0struck down, but not destroyed.\u201d<\/p>\nI hope, one day soon, the Colorado Supreme Court will announce a decision that is music to this good man\u2019s ears \u2026 and that gives all Americans something to sing about.<\/p>\n