I
wrote about the case in my December 23, 2013 blog entitled – “Going to Jail for
Not ‘Frosting the Cake’” [consider going back and reading the posting]
Now
Colorado’s Civil Rights Commission has
ordered this local Christian baker (Jack Phillips, owner of Masterpiece Cakeshop in Lakewood, CO) to
undergo sensitivity training. The Commission ruled that he could not
refuse to bake cakes for gay weddings … citing his Christian faith.
In
an interview with The Christian Post,
Jack’s pro bono lawyer, Nicolle
Martin (of Alliance Defending Freedom),
said the sensitivity training was pointless, because her client does not
discriminate against gays, and the order for sensitivity training, which became
effective on June 2, cannot be seriously implemented because it is “vague” and “lousy.” “The [sensitivity] training is really for the
entire staff and it’s for him to conduct training for his staff. It’s kind of vague. He just has to report that he’s done it. It’s very vague,” said Martin, who lamented
that the haphazard order was as a result of unqualified people sitting on the
commission. “This is the problem where a
bunch of lay people are making decisions about someone’s livelihood and other
people’s jobs where the state has decided, has told Mr. Phillips, you don’t
have any 1st Amendment rights,” explained Martin. “You must express our message, we are the
investigator; we are the prosecutor; we are the judge; we are the jury. And this is what you end up with. A lousy order that is vague and lacking
specificity,” she added.
When
asked why she did not seek clarification from the Commission, Martin said she and her client were not allowed to
speak.
According
to Martin, Phillips is also required to keep a log of every person he refuses
service and document the reason why, and present that log to the Commission on a quarterly basis. “The order says he must report on any orders
— whether it be a cake or a brownie or cookies — turned away and the reason for
doing so,” said Martin, who explained that the commissioners had, at one point,
suggested that Phillips provide a log of every single transaction highlighting
the sexual orientation of the customer.
“Even
though the Commission [had] suggested
that he report on every single transaction and whether the customer was gay,
the Attorney General reminded the Commission
that that would be illegal for Jack to ascertain a customer’s sexual
orientation,” said Martin. “Thankfully,
the order was clarified to say report quarterly on any celebrations or orders
turned away and the basis for doing so.”
The
Christian Post reached out to the Commission for comment, but did not receive
a reply at the time of publication.
According
to the Commission’s website, the
bipartisan 7-member group of commissioners are citizens of Colorado appointed
by Democratic Gov. John Hickenlooper and confirmed by the state’s Senate to
serve voluntary four-year terms. “They
are selected from across the state to represent both political parties. Two represent business (one of whom represents
small business); two represent government; and three represent the community-at-large.
At least four of the members are members
of groups of people who have been or who might be discriminated against because
of disability, race, creed, color, sex, national origin, ancestry, sexual
orientation, marital status, religion or age,” the website noted.
As defense attorney Martin said last
December – “American citizens should not have to live in fear of a prison
sentence [or sensitivity training] merely for disagreeing with the government’s
opinion. All Americans should remain
free to honor God in our lives and in our work. The government has no business threatening
Americans with jail time [or ‘brainwashing’] for simply exercising their
constitutionally-protected freedoms of religion and speech. Every American, whatever you think about this
issue, should fear a government that ignores the 1st Amendment in order to
exercise this kind of power over its citizens.”
Rev.
Dr. Kenneth L. Beale, Jr.
Chaplain
(Colonel-Ret), U.S. Army
Pastor, Ft. Snelling Memorial Chapel
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