Guess Which Side the DOJ Is Taking in the Cake Baker vs. Gay Couple Case?

It’s been years – five, to be precise – since America first learned of that baker who refused to make a wedding cake for a homosexual couple on the grounds that it went against his religious beliefs. Now, the baker, who is appealing his case to the U.S. Supreme Court, has an unexpected ally – the U.S. Department of Justice.

The Colorado Supreme Court has already ruled that Jack Phillips, the baker, did not have the right to turn down business to Charlie Craig and David Mullins. As a business owner who serves the public, Phillips is obligated to follow anti-discrimination laws and provide a wedding cake just as he would for an opposite-sex couple.

According to the brief the DOJ filed, this case comes down to a matter of artistic and religious expression. “A custom wedding can be sufficiently artistic to qualify as pure speech, akin to sculptural centerpiece. In short, a custom wedding cake is not an ordinary baked good; its function is more communicative and artistic than utilitarian.”

Nothing shows commitment to the LGBTQ community quite like inventing loopholes to permit people to legally discriminate! Thanks for sticking your noses into this one, Jeff Sessions and company.

Previously, the Colorado court decided that baking a cake does not convey an endorsement of same-sex marriage, so it does not deprive Phillips of his First Amendment rights.

Louise Melling, a lawyer with the ACLU representing the same-sex couple, was astonished that the federal government decided to stake a claim in this fight. “Even in an administration that has already made its hostility [toward gay people apparent]… I find this nothing short of shocking,” she said. “What the Trump administration is advocating for is nothing short of a constitutional right to discriminate.”

During his campaign, President Donald Trump made lofty claims that he would be a champion of LGBTQ causes, only to fail to deliver on that pledge at nearly every turn. Trump chose a homophobic man (Mike Pence) to be his running mate, vowed to ban transgender people from the military, and declared that federal law doesn’t prevent discrimination against gay people.

Given that the “wedding cakes have artistic merits” argument has already been unsuccessful with the lower courts, for Trump’s DOJ to latch on to that argument now seems to be a largely symbolic way of pleasing the conservative base that still opposes same-sex marriage.

If conservatives can’t get rid of gay marriage altogether, they’ll settle for just attempting to ruin their wedding ceremonies. Pettiness abides in the Trump White House.

Photo credit: Thinkstock

69 comments

Michelle Spradley

The baker has as much right to refuse to accept business as the consumer has to refuse to patronize the business. This is as far as any of these cases should ever go. Courts should start fining people for wasting their time with matters of choice. I would bet that everyone that supports taking away the freedom of choice from this bakery owner also support the right of women to kill the unborn life they find growing inside them because they decide having a baby would be too much of an inconvenience.

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Sarah Hill
Sarah Hillabout a month ago

This case should be thrown out. There were plenty of other bakeries they could have gone to instead of trying to force someone to violate their religious beliefs!

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Stephanie s
Stephanie s2 months ago

Thank you

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Stephanie s
Stephanie s2 months ago

Thank you

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Amanda M
Amanda M2 months ago

If your business serves the public, then you are required by law to serve ALL the public. Period!

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Cruel J
Cruel J2 months ago

Depressing.

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Carl R
Carl R3 months ago

Thanks!!!!

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Margie FOURIE
Margie FOURIE3 months ago

Okay

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Michele B
Michele B3 months ago

this isn simply wrong and unjust on so many levels

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Karen Swenson
Karen Swenson3 months ago

@Gerald L "We have to do role reversals here in a Critical way and test the waters of Objectivity." How could you possibly know, or even speculate, if Gays would bake a cake for the KKK? There could be so many variables-- The story about the customer that asked for a German Rye Bread in a Jewish Bakery is puzzling. If the Bakery sold only Jewish pastries and bread and your friend knew that, then he has a huge problem in being so cruel, as to ask for something he knew would be so hurtful.

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