Federal Government Wants to Argue That Making a Baker Follow Nondiscrimination Laws Violates His Sincerely Held Religious Beliefs’ Violates the First Amendment

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It was unsurprising yet outrageous the Trump Dept. of Justice filed an amicus brief in support of Jack Phillips, the anti-gay Colorado Christian baker whose case will be heard at the U.S. Supreme Court in December. But it is stunning that the Dept. of Justice is now requesting time to literally argue its case in support of PhillipsÂ â€“ and anti-gay religious oppressionÂ â€“ before the Supreme Court justices.

On December 5 the high court will hear Phillips’ case, brought after he refused in 2012 to make a wedding cake for a same-sex couple,Â Charlie Craig and David Mullins. Phillips has lost at every turn, yet his legal team at Alliance Defending Freedom, an anti-gay hate groupÂ according to theÂ Southern Poverty Law Center, have pushed on.

“As a general matter, the United States has a substantial interest in the preservation of federal constitutional rights of free expression,” Â U.S. Solicitor GeneralÂ Noel Francisco said Wednesday in a motion, according to the Washington Times.

The ACLU sees it differently.

â€œThis is not about the cake. Charlie and Dave walked into the Cakeshop and were turned away because of who they are,â€ ACLUÂ deputy legal directorÂ Louise Melling said. â€œThe stakes could not be higher. A ruling against them at the Supreme Court will not just encourage other businesses to engage in similarly discriminatory practices: It will enshrine a constitutional right to discriminate.â€

“Forcing Phillips to create expression for and participate in a ceremony that violates his sincerely held religious beliefs invades his First Amendment rights,” then-acting Solicitor General Jeffrey B. Wall wrote in September inÂ the Justice Dept. amicus brief.

The Supreme Court is expected to grant the government’sÂ request to allow it to argue for Phillips, likely granting the Solicitor General ten minutes, and the ADF 20 minutes. The ACLU will also be arguing before the Court, in opposition to Phillips’ claims.

RELATED STORIES:

Justice Dept. Supports Anti-Gay Baker â€“ Says He Can Refuse to Make Wedding Cakes for Same-Sex Couples

Christian Group Gets SCOTUS to Agree to Review Its Anti-Gay Baker’s Case. Now They’re Trying for Their Anti-Gay Florist.

‘I Donâ€™t Believe Jesus Would Have Made the Cake’: Christian Baker Whose Case Is at Supreme Court Speaks on ‘The View’

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