The American Bar Association filed the brief in the Masterpiece Cakeshop case currently awaiting review before the Supreme Court about a “Christian” baker who refused to bake a cake for a same sex couple because of his religious beliefs and that he is an artist before being a business.
Jill Griebel, baker and owner of the Hayloft Reception Hall in Hoagland, Indiana joined 10 other cake designers from around the country filed the brief in the Masterpiece Cakeshop case “in support of neither party.” But in actuality it biased to the baker’s refusal and not non-discrimination.
The filing frames bakers as cake artists and includes dozens of pictures of decorated cakes – including one of a silver pail with lobster and corn spilling out and a Noah’s Ark cake complete with bunnies and giraffes.
“If this brief did nothing beyond showcasing this small sample of creative work, it would surely convey that these unique projects involve artistic talent and communicate emotions and messages at least as clearly as other forms of art,” the filing said.
The National Law Journal said if the high court agrees that making cakes is an expression protected by the First Amendment, it could rule that by forcing the baker to accommodate the couple, Colorado was improperly compelling him to express himself in celebration of a same-sex marriage, contrary to his religious beliefs.
“This court should make clear in its opinion – regardless of which party ultimately prevails in this particular case – that cake artists are indeed practitioners of an expressive art and that they are entitled to the same respect under the First Amendment as artists using any other medium,” the brief said.
A date for oral arguments in the case has not yet been set but could come in December.