Nicole Martin – an attorney representing Jack Phillips, the conservative Colorado baker embroiled in an ongoing constitutional battle over LGBTQ rights – was on the radio yesterday discussing the latest lawsuit filed against her client.
Her cameo on Peter Boyles’ 710 KNUS show followed the lawsuit from Denver attorney Autumn Scardina, for whom Phillips refused to bake a cake to celebrate her transgender identity.
“This issue, for folks in the audience,” Boyles said, is “about the power of a politically correct, left-of-center, progressive government to make people bend” to its will.
Scardina’s challenge will be the third in a series of similar lawsuits filed against Phillips .
Boyles said this most recent suit posits the baker is violating the Consumer Protection Act.
Martin is affiliated with the Alliance Defending Freedom, designated as an anti-LGBTQ group by the Southern Poverty Law Center.
She has represented Phillips since the initial 2012 suit over his refusal to bake a cake for a gay wedding.
Since then, she said her Lakewood-based client has accrued over $1 million in legal fees.
“It’s not enough to be a supporter of gay rights,” Martin said. “Nothing would ever be enough, absent celebration and embracing their beliefs.”
Martin accused gay and transgender rights activists of having a “you shall conform” approach to those with more conservative values.
“Tolerance is a two-way street,” she said. “Protecting Jack’s artistic freedom preserves a society where diverse and pluralistic people can live together in the midst of their differences.”
Martin said those on the left who hold the so-called “correct beliefs,” get to opt out of events, tasks or practices they don’t believe in. But social conservatives, she said, don’t get that same privilege.
“If you do not agree with the prevailing orthodoxy of the moment,” Martin said – an allusion to LGBTQ activism and other progressive values, “you do not get to participate in the marketplace” of ideas.
Martin hailed Boyles for his dual support of same-sex marriage and Phillips’ cause. She said many other constitutionally principled, socially accepting conservatives are in the same boat.
“If the government can force an artist like Jack to create custom art against his faith, it can do the same thing to any creative professional no matter what they believe,” Martin said.
“It’s the concern of all,” she implored. “No matter where we stand on same-sex marriage.”
Martin was more upbeat about her client’s prospects for the upcoming suit.
The two previous lawsuits against Phillips were initiated through complaints to the Colorado Civil Rights Commission, whereas the latest lawsuit challenges the baker on compliance with consumer protections.
“At least we’re in state court,” she said, “where judges are actually attorneys and have some degree of experience applying complex constitutional doctrine.
“I happen to believe that Colorado has some of the best judges in the country, and I feel confident that this time the court will take heed,” Martin said, to “give Jack a fair trial.”
Check out the interview for yourself below.