Commentary Magazine

Leave Jack Phillips Alone!

AP Photo/Jacquelyn Martin

Jack Phillips once more finds himself on the sharp end of liberal “tolerance.” He was the Colorado baker at the center of the Masterpiece Cakeshop case, the one who in 2012 refused to bake a cake for a same-sex wedding. A state civil-rights commission censured Phillips and ordered him to undergo ideological retraining. But a 7-2 majority of the U.S. Supreme Court found that the commission had exhibited such overt hostility to Phillips’s religious views as to have violated the state’s “obligation of religious neutrality” under the First Amendment.

But it appears the commission didn’t get the message. The Alliance Defending Freedom, which represented Phillips in the original case, reports:

On June 26, 2017, the same day that the Supreme Court agreed to take up Masterpiece Cakeshop v. Colorado Civil Rights Commission, an attorney asked Phillips to create a cake designed pink on the inside and blue on the outside, which the attorney said was to celebrate a gender transition from male to female. Phillips declined the request because the custom cake would have expressed messages about sex and gender identity that conflict with his religious beliefs. Less than a month after the Supreme Court ruled for Phillips in his first case, the state surprised him by finding probable cause to believe that Colorado law requires him to create the requested gender-transition cake.

This time, however, Phillips and the ADF are taking the fight to the state. On Tuesday, the ADF filed a lawsuit against Colorado Governor John Hickenlooper and the members of the commission, alleging anti-religious bullying and harassment of Phillips aimed at ruining his business and livelihood.

Many religious conservatives see this new case as an opportunity to “firm up” the Court’s Masterpiece holding. If it makes it to the Supreme Court, especially one with a Justice Kavanaugh, there is a good chance that Americans will end up with sturdier protections against illiberal liberalism than former Justice Anthony Kennedy’s whimsical jurisprudence permitted.

But by my lights, the renewed persecution of Phillips also reveals the limits of “religious liberty” as a sword and organizing principle for the right. As I predicted when the original decision was handed down,

the inner logic of today’s secular progressivism puts the movement continually on the offensive. A philosophy that rejects all traditional barriers to individual autonomy and self-expression won’t rest until all “thou shalts” are defeated, and those who voice them marginalized. For a transgender woman to fully exercise autonomy, for example, the devout Christian, Muslim, or Jew must recognize her as a woman. People of faith and others who cling to traditional views must publicly assent to what they don’t believe.

And here we are. “Religious freedom,” without a substantive politics that offers a vision of the common good, can easily allow liberalism to frame traditional moral precepts as little more than superstitions best relegated to the private sphere of the mind. Under the banner of liberty, religious conservatives might win procedural victories here and there. But they will be cornered in the long-term.

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