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Updates in three First Amendment cases


Posted: 10/20/22

OREGON: Sweet Cakes by Melissa

  • 07/12/22: BOLI declines to issue a new hearing and reduces the $135,000 fine to $30,000. ref

  • 09/07/22: First Liberty appeals to U.S. Supreme Court. ref

COLORADO: Phillip's Masterpiece Cakeshop Autumn Scardina vs. Masterpiece Cakeshop and Jack Phillips

  • 10/04/22: Colorado Court of Appeals hears oral arguments.  Watch here or on youtube.


This is an update on the status of the third and ongoing case against Jack Phillips who has been actively targeted for his Christian faith and his refusal to make a custom cake celebrating a "gender transition".

CALIFORNIA: Cathy Miller Department Of Fair Employment And Housing V. Cathy’s Creations, Inc.

  • 07/29/22 Judge Eric Bradshaw heard closing arguments in the case of a baker who declined to create a custom cake that violates her sincerely held religious beliefs.  A jury was not convened for this case and a ruling is to be given within 90 days which would be by next Friday, 10/27/22. ref



My last update on the Sweet Cakes by Melissa, Jack Phillips, and Cathy Miller cases where three bakers in three different states were ordered to create custom products that directly violated their sincerely held religious beliefs was in February, 2/5/22.

These cases have been going on for between 5 and 9 years.  These cases will determine whether the government may force Christians to violate their conscience.

Currently, the U.S. Supreme Court has decided to look at a very similar case: 303 Creative LLC v. Elenis.  Where a website designer is forced to create a same sex website.  I plan to add a timeline for this case as well.

I have noticed a few obvious trends.  All of these cases involve a homosexual using the court system to force a Christian to violate his or her conscience.  Win or lose, these Christians are being punished/persecuted/vilified by being tied up in the very expensive and stressful judicial system for decades.

Another smaller trend to take not of is how long it takes for these cases to be ruled on at each step which can be seen in my news post Hot cases to watch part 3.  In the case of Cathy Miller there was a 3 year delay in the case.  The last time oral arguments were heard before the Colorado Court of Appeals a ruling was given just over a month later.

I expect that we will hear at least two big updates before the end of the year.  All three of these cases are on their way to the U.S. Supreme Court.  SCOTUS can decline to hear any or all of these cases, but it is likely that the court will address these cases very soon.

For the expanded timeline, see Hot cases to watch part 3

Last Updated: 10/23/22

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