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US DOJ supports CO baker, who was sued by the state of CO for refusing to bake a gay wedding cake

Posted on | September 8, 2017 | No Comments

In the case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, baker Jack Phillips challenges rulings that he violated state anti-discrimination laws when he refused to bake a wedding cake for a same-sex couple because, he claimed, it was against his religious beliefs. His lawyers argue the First Amendment speech and free exercise clauses bar the Colorado commission from compelling Phillips, a self-described artist, from creating a custom expression that he deems objectionable.

In the Justice Department’s amicus brief supporting the cakeshop, acting U.S. Solicitor General Jeffrey Wall argued the First Amendment bars application of Colorado’s public accommodations law to the baker because it unconstitutionally compels speech.

Weddings are sacred rites in the religious realm and profoundly symbolic ceremonies in the secular one, Wall and a team of DOJ lawyers wrote in the brief. When Phillips designs and creates a custom wedding cake for a specific couple and a specific wedding, he plays an active role in enabling that ritual, and he associates himself with the celebratory message conveyed.

The DOJ’s brief continued: Forcing Phillips to create expression for and participate in a ceremony that violates his religious beliefs invades his First Amendment rights. The government said Colorado has not offered, and could not reasonably offer, a sufficient justification for that compulsion here.

A Justice Department representative, Lauren Ehrsam, said in a statement Thursday: The Department filed an amicus brief in this case today because the First Amendment protects the right of free expression for all Americans. Although public-accommodations laws serve important purposes, they like other laws must yield to the individual freedoms that the First Amendment guarantees. That includes the freedom not to create expression for ceremonies that violate one’s religious beliefs.

DOJ backs baker who refused to make cake for gay couple

The Trump administration on Thursday filed papers at the U.S. Supreme Court backing a Christian baker in Colorado whom a state court ruled against for declining to make a wedding cake for a gay couple. In the brief, Acting Solicitor General Jeff Wall said Jack Phillips should be exempt from Colorado’s anti-discrimination law because making custom cakes is a form of free expression protected under the U.S. Constitution’s First Amendment. The high court agreed in June to hear Phillips’ appeal of the state court ruling that his refusal to make the cake violated the anti-discrimination law. Phillips contends the law violated his constitutional rights to freedom of speech and free exercise of religion. …

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