FeaturedGay News Domestic & U.S. Politics

Trump Administration’s DOJ Files Brief Supporting LGBT Discrimination In SCOTUS Cake Case

In a major upcoming Supreme Court case that weighs equal rights with “religious liberty”, the Trump administration on Thursday sided with a Colorado baker who refused to bake a wedding cake for a same-sex couple.

In July 2012, David Mullins and Charlie Craig went to Denver’s Masterpiece Cake Shop, owned by Jack Phillips (above) ,  looking for a cake to celebrate the couple’s upcoming nuptials.

Phillips denied the couple’s request and later admitted he had turned away other same-sex couples as a matter of policy.

In 2013, a judge ruled against Phillips. The Colorado Civil Rights Division’s [CCRD’s] decision noted evidence in the record that Phillips had expressed willingness to take a cake order for the “marriage” of two dogs, but not for the commitment ceremony of two women, and that he would not make a cake for a same-sex couple’s wedding celebration “just as he would not be willing to make a pedophile cake.”

Phillips and his lawyers,  anti-gay legal group Alliance Defending Freedom, have been appealing the ruling since, and losing

The L.A. Times reports:

Acting Solicitor Gen. Jeffrey B. Wall filed a friend-of-the-court brief arguing that the cake maker’s rights to free speech and the free exercise of religion should prevail over a Colorado civil rights law that forbids discrimination based on sexual orientation.

“A custom wedding cake is a form of expression,” he said. “It is an artistic creation that is both subjectively intended and objectively perceived as a celebratory symbol of a marriage.” And as such, the baker has a free-speech right under the 1st Amendment to refuse to “express” his support for a same-sex marriage, Wall argued.

The case of the Colorado cake maker has emerged as the latest battle in the culture wars. It is a clash between the religious rights of a conservative Christian against gay rights and equal treatment for same-sex couples.

The DOJ’s decision to support Phillips is the latest in a series of steps the Trump administration has taken to rescind Obama administration positions favorable to gay rights and to advance new policies on the issue.

Read the brief here.

Tags

Will Kohler

Will Kohler is a noted LGBT historian, writer, blogger and owner of Back2Stonewall.com. A longtime gay activist, Will fought on the front lines of the AIDS epidemic with ACT-UP and continues fighting today for LGBT acceptance and full equality. Will’s work has been referenced in notable media venues as MSNBC and BBC News, The Washington Post, The Advocate, The Daily Beast, Hollywood Reporter, Raw Story, and The Huffington Post

Related Articles

What do you think?

Close