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Institute for Justice: Parent group brings swift response to NEA lawsuit over public funding of correspondence schools

A group of Alaska families announced Thursday they have brought the Institute for Justice to defend them against the National Education Association’s lawsuit that seeks to end public funding of the state’s correspondence school program.

The NEA has sued the state over state statute over private online schools. The lawsuit would impact over 20,000 students in the correspondence program, as almost all students in the correspondence program use the private option. Raven, Family Partnership, and others would be swept up and defunded, if NEA has its way. The NEA lawsuit impacts over 20 percent of Alaska students, including students that use online classes.

It’s not just Holy Rosary Academy — it is everybody in private schools, home schools and correspondent programs. The irony is that two years ago, during the Covid pandemic when all public schools around the state closed, the state sought help from a Florida-based online school that was able to scale up to absorb students during the final spring quarter of 2020. The state paid for the enrollment of students in the Florida Virtual School to keep children from falling behind.

The NEA lawsuit seeks to end the ability to use correspondence school allotments for private educational services like the Florida Virtual School or the dozens of programs in Alaska.

See some of the private and correspondence schools impacted by the NEA lawsuit here.

“Alaska’s correspondence study program has produced massive educational benefits for Alaska’s children,” said Institute for Justice Attorney David Hodges. “We’re prepared to defend the rights of all Alaska families to get the educational services that best fit their unique needs.” 

As a sparsely populated state, Alaska faces unique challenges in ensuring that all children can receive an education. To address this concern, the state created “correspondence programs,” in which a student’s public school used the post office or float planes to deliver lessons to students across the state and then pick up and grade assignments. In 1997, this law was broadened to allow parents more ability to design their children’s curriculum and receive reimbursement for certain educational expenses. Then, in 2014, the law was broadened even further to allow correspondence schools to reimburse parents if they chose to send their students to nonpublic schools.  

“The Alaska correspondence school program helped me find the school that works best for my son,” said Andrea Moceri, one of the parents teaming up with Institute for Justice. “I am defending this program so that every Alaska family has access to the best education possible for their children.”     

Institute for Justice is the leader in defending school choice programs throughout the country. In 2020, Institute for Justice won a case before the United States Supreme Court which held that a state does not need to subsidize private education, but that once it chooses to do so it cannot discriminate against a school solely because it is religious.

Two years later, Institute for Justice won another landmark case before the nation’s highest court, which established that Maine’s exclusion of religious schools from its tuitioning program violated the Constitution.

Earlier this year, Institute for Justice intervened in a New Hampshire case to defend the popular Education Freedom Account Program, which allows families to use public funds on various educational expenses.     

Dunleavy hopes to inject carbon storage into new revenue discussions with Legislature

Alaska Gov. Mike Dunleavy introduced legislation that is his idea for how the state can make money off of the carbon trading market. Senate Bill (SB) 48SB 49House Bill (HB) 49, and HB 50, the Dunleavy Carbon Management and Monetization Bill Package, creates statutory and regulatory framework needed so the State can take advantage of this growing sector. The package consists of two bills that would create a carbon offset program; and a carbon capture, utilization, and storage program.

Carbon Offset Program

SB 48 and HB 49 establish a statewide carbon offset program through forest sequestration within the Department of Natural Resources. Many of the forested lands in Alaska are not even commercially viable because of their size or location, but through a carbon offset program, they have the potential to generate additional revenue for the State of Alaska through biologic carbon storage projects that can mitigate a portion of the carbon dioxide emitted into the atmosphere.

Current statutes do not allow for carbon offset projects. The carbon offset program bill seeks to grant DNR the ability to establish a carbon offset program and enable carbon offset projects on state lands. The carbon offset program would allow private entities to lease state land to undertake carbon offset programs to meet their company goals of becoming net-zero for carbon emissions.

Carbon Capture, Utilization and Storage

SB 49 and HB 50 are part of the State’s efforts to get revenue from vast underground storage it has for carbon dioxide that is a byproduct of oil and gas project. The carbon dioxide can be injected into underground caverns and geologic formation and can be used to force out more oil, or just store the carbon dioxide.

Alaska’s older oil and gas basins, particularly in Cook Inlet, have the right geology to sequester carbon underground. Cook Inlet has been identified as one of the top spots on earth with the ability to sequester carbon underground — with at least 50 gigatons of capacity, the governor’s office said.

This bill specifically creates new authorities for State agencies to license, lease, and administer the State’s pore space for geological storage; administer pipeline infrastructure for transportation of captured carbon to geological storage facilities and administer injection wells and carbon storage facilities; and protect correlative rights of all subsurface owners.

Alaska Native corporations are already making money on carbon trading. “They’ve realized about $350 million on 350,000 acres of land. So that’s a small example, and there’s projects such as this ongoing in the Lower 48 with private landowners as well,” Dunleavy said earlier this month.

“Carbon management will complement—and in some cases enhance—Alaska’s existing industries like forestry, oil and gas, mining, tourism, and outdoor recreation,” said DNR Commissioner John Boyle. “These bills do not lock up State land, rather, they unleash new opportunities. Carbon offset projects will not prevent mineral development, timber harvests, new oil and gas exploration, or infrastructure development. Land within the carbon offset program area will still be available for hunting, fishing, camping and recreational activities for Alaskans and visitors.”Conventional resource development companies operating in Alaska stand to benefit in multiple ways from a strong State carbon management regulatory framework. These companies can use carbon credits to offset their carbon emissions, creating new opportunities.” 

“In Alaska, we are blessed with the resources of today, but we’re also blessed with the resources of tomorrow,” Dunleavy said. “With support from the Legislature for our carbon management bill package, we’ll change the conversation about new revenue. We’ve been told by some that we can generate revenue in the billions over 20 years just from our forest lands. This represents the means to fund services, lower the cost of living and improve our quality of life, to create wealth and billions of dollars in economic activity without taxing Alaskans or eliminating the PFD.” 

Environmentalists are not on board. Many of them see it as a way of delaying the conversion to renewable energy, and they don’t want to monetize nature.

But for the State of Alaska, getting Alaska’s natural gas to a market like Japan may depend on being able to show the Japan government, which is very sensitive to lowering the nation’s carbon footprint, that Alaska can sell space to store the natural gas byproducts like carbon dioxide, making Alaska a more attractive supplier. Such a framework for carbon storage may be the key to being able to build the Alaska gasline, supporters say, if Alaska can demonstrate that it can also provide the means to mitigate the carbon from natural gas.

Listicle: Race is on for Anchorage Assembly, School Board

The filing deadline for Anchorage Assembly, School Board, and service area board seats has passed. Candidates have until Monday at 5 pm to drop out or their names will be on the ballots that will go in the mail to Anchorage voters on or about March 14.

Of note, current Assembly Chair Suzanne LaFrance did not file for reelection. Other incumbents leaving the Assembly are Pete Petersen, Austin Quinn-Davidson, Jamie Allard (now House representative), and Forrest Dunbar (now state senator). The only incumbents who filed were Chris Constant and Felix Rivera.

Here are the candidates who filed by the deadline with the Anchorage Municipal Clerk:

Anchorage Assembly Seats

District 1, Seat B – Downtown

Danger, Nick​​ – TBD

Trueblood, John​ – conservative

Constant, Christopher – incumbent

District 2 – Seat C – Chugiak, Eagle River, JBER

(Seat vacated when Rep. Jamie Allard sworn in as legislator)

Anderson, Cody – conservative

Myers, Scott​ – conservative

Branson, Roger – liberal

Arlington, Jim – liberal

District 3 – Seat E – West Anchorage

(Seat being vacated by Austin Quinn-Davidson)

Darden, Dustin Thomas House 

Brawley, Anna – liberal

Flynn, Brian​ – conservative

Eibeck, David – conservative

District 4 – Seat G – Midtown Anchorage

Di Grappa, Jenny – liberal

Rivera, Felix​ – incumbent, liberal

Szanto, Travis​ – conservative

District 5 – Seat H – East Anchorage (2-Year Term)

(Seat vacated by Sen. Forrest Dunbar)

Bronga, Karen​ – liberal

Sloan, Leigh​  – conservative

District 5 – S​eat I – East Anchorage

(Seat being vacated by Pete Petersen, term-limited)

Martinez, George​​ – liberal

Moore, Spencer – conservative

District 6 – Seat K – South Anchorage, Girdwood, Turnagain Arm​

(Seat being vacated by Suzanne LaFrance)

Ries, Rachel – conservative

Insalaco, Mikel – liberal

Colbry, Darin – unknown

Johnson, Zachary​ – liberal

Anchorage School Board Seats

School Board – Seat C​​

​​Donley, Dave – conservative

Boll, Irene – liberal

School Board – Seat D​​

Cox, Mark Anthony​ – conservative

Holleman, Andy – liberal

Service Area Board of Supervisors​​

Bear Valley LRSA – Seat A

Birch Tree/Elmore LRSA – Seat A

​​​​​Bosco, Ed​ 

Birch Tree/Elmore LRSA – Seat D​
Birch Tree/Elmore LRSA – Seat E

​​Hansen, Howard 

Chugiak Fire Service Area – Seat A​
Girdwood Valley Service Area – Seat D

​​Edgington, Mike 

Okenek, Kellie 

Girdwood Valley Service Area – Seat E

Sullivan, Briana

Lavender, Brooke 

Glen Alps Service Area – Seat A

​​Schuster, Andrea 

Glen Alps Service Area – Seat B

Kuijper, Greg 

Homestead LRSA – Seat B
Lakehill LRSA – Seat C
Mt. Park Estates LRSA – Seat B
Mt. Park/Robin Hill RRSA – Seat C
Mt. Park/Robin Hill RRSA – Seat D

​​​​Emerton, Eric​​

​Paradise Valley South LRSA – Seat B
Rabbit Creek View/Heights LRSA – Seat B​
Raven Woods/Bubbling Brook LRSA – Seat B 
Rockhill LRSA – Seat B
Section 6/Campbell Airstrip Road LRSA – Seat A

Groeneweg, Robert

Sequoia Estates LRSA – Seat A
Sequoia Estates LRSA – Seat B
Skyranch Estates LRSA – Seat B

​Lyons, John 

South Goldenview RRSA – Seat A

Vendl, Lawrence

SRW Homeowner’s LRSA – Seat C

Kilpatrick, Kelly

Talus West LRSA – Seat A
Totem LRSA – Seat B
Upper Grover LRSA – Seat B

​Cottrell, Denise 

Upper O’Malley LRSA – Seat A
Valli Vue Estates LRSA – Seat B

Warren, Kirk

Valli Vue Estates LRSA – Seat E

Butler, Russell 

Villages Scenic Parkway LRSA – Seat A

Ronna McDaniel wins fourth term as GOP chair

Ronna McDaniel has been reelected the chair of the Republican National Committee. At the winter meeting of the party leadership in Dana Point, California, an election was held to determine whether she would continue as chair, which she has been since 2017.

McDaniel is a political strategist who was chair of the Michigan Republican Party from 2015 to 2017 before being elected chair of the Republican National Committee.

Of the 167 votes cast, McDaniel received 111 votes, Harmeet Dhillon received 51, Mike Lindell got 4, and Lee Zeldin received one vote.

After the vote was final, McDaniel told reporters that this would be her last term.

Jaime Harrison, Chair of the Democratic National Committee, issued his congratulatory sideswipe on Twitter, saying, “Congratulations to @GOPChairwoman and Democratic Party campaigns/candidates across the country!!! #Chair4Life #GOPClownShowContinues “

It was one of the party’s more watched races for chair in many years, with some grassroots members of the party calling for new leadership after the party could not win the Senate away from Democrats in 2022 and after barely having a Republican majority in the House of Representatives, in spite of controversies that surround many Democrat candidates.

McDaniel was last elected in 2021. McDaniel visited Alaska in 2022 to speak at the Republican Party’s meeting in Fairbanks. She joined the Must Read Alaska Show during her visit.

Report to Legislature shows fentanyl seized in Alaska in 2022 was enough to kill Alaskans 18 times over

The Alaska Department of Public Safety’s Statewide Drug Enforcement Unit released its annual drug report highlighting trends in illegal narcotics trafficking in Alaska.

Highlights from 2022 Annual Drug Report:

  • In 2022, 26.85 kilograms of fentanyl, which is approximately 13.425 million potentially fatal doses.
  • In 2022, SDEU made 102 unique drug and alcohol arrests across Alaska. 
  • From 2021 to 2022, there was a 68 percent increase in methamphetamine seizures and a 77 percent increase in cocaine seizures.
  • International drug trafficking organizations continue to gravitate towards Alaska’s lucrative drug market looking to exploit Alaska’s remote areas, high demand, and limited law enforcement resources in remote areas.

The annual report presented to the Alaska Legislature details reported street prices for illicit drugs, the number of illicit drugs and alcohol seized by the drug investigators, average sentences given to offenders of Alaska’s controlled substances criminal statutes, as well as an overview of the illegal narcotics and illicit alcohol problem in Alaska.    

“This latest annual report reflects the commitment and tenacity of the dozens of Alaska State Trooper Drug Investigators, as well as our local, state, and federal law enforcement partners to disrupt the ongoing trafficking of illicit and dangerous drugs in Alaska and prevent overdose deaths. To those trafficking dangerous drugs in Alaska, know that sooner or later law enforcement will catch up to you and hold you accountable for your reckless disregard for Alaskan lives,” said Colonel Maurice Hughes, director of the Alaska State Troopers.

The 2022 Annual Drug Report is available online at this link.

The Statewide Drug Enforcement Unit is made up of four regional task forces: Southcentral Areawide Narcotics Team, Fairbanks Area-wide Narcotics Team, Southeast Alaska Cities Against Drugs (SEACAD), and Western Alaska Alcohol and Narcotics Team. Each regional task force is comprised of Alaska State Troopers, local police officers, and federal law enforcement agents. Additionally, Alaska has four High Intensity Drug Trafficking Area initiatives.

If you have information about drug trafficking occurring in your community, please consider reporting it to your local police department or the Alaska State Troopers, DPS said in its press accompanying the report. Tips can also be submitted anonymously though the AKTips smartphone app or online at https://dps.alaska.gov/tips

Must Read Alaska Show wins gold medal for podcasts

Association of Marketing and Communication Professionals awarded the Must Read Alaska Show a gold medal in its 2023 AVA competition in the category of audio production/radio podcasts.

The episode of the show that won the award was the John Quick interview of Pastor Ben McBride.

Link to this show at https://podcasts.apple.com/us/podcast/the-must-read-alaska-podcast/id1531215896?i=1000590225175

AMCP was founded in 1994 and is one of the top evaluators of creative work in the marketing and communication industry. AVA stands for Audio Visual Arts.

The Must Read Alaska Show was launched in September of 2020, and has broadcast some 279 episodes with over 204,000 downloads I 18 months. The show has at times ranked as high as #38 in its category on iTunes.

“It has been an awesome experience interviewing guests — from the president of the island nation of Palau to the governor of Alaska,” said Quick, who took over as the primary host of the show last February. “The interview with Ben McBride was special to me because he is a friend of mine who is trying to make a difference in some of the toughest cities all over the United States.”

On Friday, Quick interviewed Anchorage Mayor Dave Bronson. Earlier this week, he was joined by Rep. Sarah Vance of Homer.

If MRAK readers know of someone who would make a great show guest, contact John at [email protected].

Rep. Peltola skips out on vote to protect Strategic Petroleum Reserve

In Juneau, when a state lawmaker doesn’t want to take a vote, she’ll wander down the hill to buy a cup of coffee at Heritage Coffee Company or The Rookery. A trusted aide will call her when the vote is over.

In Washington, D.C. today, Rep. Mary Peltola did the equivalent of a coffee run: She just didn’t vote on the bill that would de-politicize the use of the Strategic Petroleum Reserve, a bill that is intended to ensure national security.

On Thursday and early Friday, Peltola did vote yea or nay on dozens of amendments to H.R. 21, the Strategic Production Response Act. But for the final passage, she was a no-show. All Democrats present voted against the bill; Peltola was one of eight representatives who did not vote.

H.R. 21 would prohibit the president and the Department of Energy from tapping the Strategic Petroleum Reserve without having a plan in place to increase oil and gas leasing on federal lands — unless there is a dire emergency and need for immediate release of oil for American security.

The measure was prompted by the Biden Administration’s quick drawdown of the nation’s critical oil reserves at the same time President Joe Biden has declared a war on domestic oil production. Biden, over the past 18 months, has released the largest amount of crude oil from the emergency reserves of any president in history. And he did it leading up to the 2022 elections, which made his actions look political.

It’s unknown why Peltola chose to not vote. She issued no statement. It may be that she is not supporting oil development, but instead is supporting her husband Gene Peltola’s new carbon trading company.

Rep. Suzanne Bonamici, an Oregon Democrat and one of the eight who did not vote, said she didn’t because “I do not support opening up more federal lands and waters for drilling of fossil fuels, as my Republican colleagues are promoting.”

Rep. Sheila Jackson Lee, a Texas Democrat, also withheld her vote without explanation, but Democrat Emmanuel Cleaver of Missouri wrote, “H.R. 21 is just another #BigOilGiveaway, paid for by American families. I’m voting NO!” In fact, he did not vote.

All Democrats who did vote were no votes, and the bill passed, 221-205.

In the Senate, Republican Sens. Jim Risch of Idaho and John Barrasso of Wyoming, who is the ranking member of the Senate Committee on Energy and Natural Resources, introduced the Strategic Production Response Act, which has a difficult path in the Democrat-controlled Senate.

“President Biden depleted America’s Strategic Petroleum Reserve to attempt to fix his self-made crisis,” Risch said. “The Strategic Production Response Act will ensure the SPR is used correctly, prevent any president from misusing the reserve, and prioritize our domestic energy supply.”

“America is stronger and safer when we are energy independent,” Barrasso said. “The Biden administration agenda is to choke off energy development on federal land. Our legislation will prevent President Biden from raiding the SPR for political purposes without boosting American oil production. It’s time to work together to lower prices for Wyoming families, unleash American energy, and strengthen our national security.” 

Cosponsors of the Senate’s version of the SPR Act are Republican Senators Mike Lee (Utah), Lisa Murkowski (Alaska), John Hoeven (N.D.), James Lankford (Okla.), Bill Cassidy (La.), Cindy Hyde-Smith (Miss.), Roger Marshall (Kansas), and Kevin Cramer (N.D.).

Read the text of the Senate’s SPR Act here.

Filthy Fuhrer and gang members sentenced to life for murder, kidnapping, racketeering

Filthy Fuhrer, formerly Timothy Lobdell, 46; Roy Naughton, aka Thumper, 44; Glen Baldwin, aka Glen Dog, 41; Colter O’Dell, 30; and Craig King, aka Oakie, 57, were sentenced this week in Anchorage to life in prison without the possibility of parole.

The five were convicted of racketeering conspiracy, conspiracy in aid of racketeering, murder in aid of racketeering, kidnapping resulting in death, and kidnapping conspiracy.

Fuhrer and Naughton were also each convicted of an additional two counts of kidnapping conspiracy, kidnapping, and assault in aid of racketeering.

The men were leaders, members, and associates of the 1488s, a violent, prison-based neo-Nazi gang that operated inside and outside of state prisons throughout Alaska.

The 1488s used Nazi-derived symbols to identify themselves and their affiliation with the gang, including a 1488 “patch” tattoo that depicts an Iron Cross superimposed over a swastika. The tattoo was awarded to members who gained full membership by committing acts of violence on behalf of the gang.

The gang enforced discipline through written rules and a code of conduct, including the boast that “the only currency we recognize is violence and unquestionable loyalty.”

The trial testimony established that Fuhrer founded and led the 1488 gang from inside a maximum-security prison, where he was serving a 19-year sentence for the attempted murder of an Alaska State Trooper.

In addition to directing acts of violence aimed at establishing the gang’s dominance in the prison hierarchy, Fuhrer ordered members of the gang to commit violent kidnappings and assaults in the “free world” outside of prison.

As part of a plan to impose greater organization and structure among members who were not in prison, Fuhrer insisted on punishing members that he perceived to be defying the 1488 code of conduct. Fuhrer sent out a trusted lieutenant with a list of directives, which culminated in the kidnapping and assault of two lower-level gang members on April 2, 2017, and July 20, 2017, and the kidnapping, assault, and murder of Michael Staton on Aug. 3, 2017.

According to the trial evidence, on April 2, 2017, defendant Roy Naughton and other 1488 members, acting at the direction of Fuhrer, lured a victim to a gang meeting at Naughton’s residence.  Once there, the victim was taken into a basement where he was held at gun point, tied up, and assaulted. As part of the assault, the gang members shattered a lightbulb in his mouth and tattooed him with a racial epithet. The victim was threatened with more violence if the incident was reported to police.

In addition, the evidence at trial demonstrated that on July 17, 2017, Fuhrer called Naughton from prison. During the call Naughton boasted about the April 2 assault and reported to Fuhrer that another member would be assaulted in the next few days. On July 20, 2017, a second victim was similarly assaulted and had his 1488 membership patch burned off.

Evidence also showed that in 2016 Naughton asked for and received permission from Fuhrer to impose exceptionally severe discipline on 1488 member Michael Staton, who held himself out as a member of the Hells Angels Motorcycle Club, for stealing from both the 1488’s and defendant Craig King.  

Naughton, King, and defendants Glen Baldwin and Colter O’Dell worked with other 1488 members to locate, kidnap, and murder Staton. On Aug. 3, 2017, 1488 members, including Baldwin and O’Dell, lured Staton to Wasilla where they beat him and took him to King’s duplex. After arriving, Staton was taken to an empty room which had been lined with plastic sheeting. Inside the room King and the 1488s beat and tortured the victim, including cutting off his 1488 tattoo with a knife that had been heated with a propane torch. The defendants wrapped Staton in the plastic and carpeting, and Baldwin and O’Dell drove him to a remote section of Wasilla where they shot him and set fire to his body. O’Dell was awarded full membership in 1488s for his role in the murder.

“The United States Attorney’s Office will use every tool at its disposal to combat and dismantle violent criminal enterprises,” said U.S. Attorney S. Lane Tucker for the District of Alaska. “These life sentences reflect the seriousness of the defendants’ conduct in the maiming of two individuals and the brutal murder of a third, all in order to strengthen their hate-based criminal enterprise. We will continue to work tirelessly with our federal, state and local investigative partners to ensure those engaging in such loathsome crimes are caught and prosecuted to the fullest extent of the law.” 

“With federal life sentences imposed on five defendants who were associated with a violent, hate-driven gang, Alaska’s law enforcement community has delivered a devastating blow to the 1488 criminal enterprise,” said Special Agent in Charge Antony Jung of the FBI Anchorage Field Office. “Dismantling violent, criminal organizations is a priority for the FBI, and a goal that is shared among our law enforcement and prosecution partners across Alaska.”

The FBI’s Safe Streets Task Force, and the Alaska State Troopers, Alaska Bureau of Investigation, investigated the case in conjunction with the U.S. Attorney’s Office for the District of Alaska and the Criminal Division’s Organized Crime and Gang Section (OCGS). Investigative assistance was provided by the IRS Criminal Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Postal Inspection Service, the U.S. Marshals Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Anchorage Police Department (APD), and the State of Alaska’s Department of Corrections. Assistant U.S. Attorneys William Taylor, James Klugman and Chris Schroeder and Trial Attorney Jeremy Franker of OCGS prosecuted the case.

Cake baker who refused to bake ‘gender transition cake’ ruled against in Colorado appeals court again

By KATE ANDERSON | THE DAILY CALLER NEWS FOUNDATION

A Colorado Court of Appeals judge ruled against Christian baker Jack Phillips Thursday after he appealed an earlier court decision requiring him to bake a cake for an individual’s gender transition.

Phillips won a previous case at the Supreme Court in 2018 after he declined to make a wedding cake for a gay couple, but was sued again in March 2021 after a transgender individual wanted Phillips, who owns Masterpiece Cakeshop, to make a cake that was blue on the outside and pink on the inside.

Alliance for Defending Freedom announced in a press release Thursday that the Colorado Court of Appeals had ruled against Phillips, but said that a plan was already in motion to appeal the ruling.

The court determined that Phillips’ right to religious freedom did not fall under First Amendment protection. 

“Turning to the constitutional issues presented, the division concludes that the act of baking a pink cake with blue frosting does not constitute protected speech under the First Amendment,” the court wrote. “Additionally, the division concludes that CADA’s prohibition against discrimination based on a person’s transgender status does not violate a proprietor’s right to freely exercise or express their religion.”

Autumn Scardina, a transgender woman and attorney, attempted to order a cake for a gender transition party on the same day the Supreme Court announced it would hear Phillips’ case regarding his refusal to bake a cake celebrating a gay wedding, according to ADF’s press release. Phillips said he could not make the cake because it would force him to violate his religious beliefs.

The Colorado court further argued that there is “no inherent meaning or expressed message” from Scardina’s cake request, the opinion read. Additionally, the court ruled that Phillips’ right to an accommodation due to his religious beliefs failed to supersede Scardina’s “protected status” since the requested cake did not have an explicit message, “whether secular or religious.”

Scardina’s attorney, John McHugh, told the Daily Caller News Foundation that the ruling was a “victory” for his client and the “greater LGBTQ community.”

“The court held that Masterpiece Cakeshop broke the law when it refused to sell a birthday cake to Ms. Scardina because she is a transgender woman,” McHugh said. “In doing so, the court rejected the defendants’ free speech argument because, as defendants admitted at trial, a pink cake with blue frosting does not have any inherent meaning and the act of selling a cake is not speech. Similarly, the Court held, consistent with U.S. Supreme Court precedent, that Mr. Phillips’ religious beliefs do not exempt him from anti-discrimination laws.”

Jake Warner, ADF senior counsel, told the Daily Caller News Foundation that the court’s arguments ignore Supreme Court precedent, and that despite the cake having no written message, protection of “symbolic speech” is within the rights granted by the First Amendment.

“What we have here is a cake that symbolically expresses the message and the Supreme Court in many cases throughout history has recognized that symbolic speech is protected speech,” Warner said. “Just because speech is symbolic does not mean it’s not protected, quite the opposite, the First Amendment says the government can’t force you to promote even symbolic speech that you disagree with.”

Warner also said that this court’s latest ruling had not deterred their team from defending Phillips’ right to religious freedom, noting that they planned to start the appeal process soon.

“Jack serves everyone regardless of their background,” Warner said. “He just can’t promote every message through his custom cakes and he’s being punished for that.”