Trump Administration Urges Supreme Court to Rule in Favor of Baker Who Wouldn't Sell Wedding Cake to Gay Couple

Photo: AP
Photo: AP

On Thursday, the Justice Department filed a brief on behalf of Jack Phillips, a baker who refused to make a wedding cake for gay couple Charlie Craig and David Mullins in 2012 on the grounds that doing so would violate his religious beliefs, hence freedom, the Washington Post reports. The case will be judged by the Supreme Court.

Acting Solicitor General Jeffrey B. Wall wrote in the administration’s brief, “Forcing Phillips to create expression for and participate in a ceremony that violates his sincerely held religious beliefs invades his First Amendment rights.” In other words, this administration believes that baking cakes is a form of personal expression, and therefore qualifies as an acceptable vehicle for homophobia.


Deputy legal counsel of the American Civil Liberties Union, Louise Melling, commented on the administration’s decision to the Post, saying, “Even in an administration that has already made its hostility toward the gay community clear, I find this nothing short of shocking.”

The Trump administration has repeatedly, nastily demonstrated its unwillingness to safeguard the rights of LGBT people. In July, the Trump administration told a US appeals court that it did not believe federal law banned discrimination against gay employees. Around the same time, Trump announced a ban on transgender people serving openly in the military. Trump rescinded the Obama-era federal policy that protected transgender students’ right to use the bathroom of their choice in February. So this latest stunt isn’t shocking so much as icing, and the bigotry isn’t letting up anytime soon.

contributing writer, nights

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Ugh. Everybody, let’s be clear: Businesses can refuse you service because “I don’t like your face” or “your t-shirt is offensive, change it or leave” (see SouthWest Airlines). They will, however, get in trouble with the law if every person whose face they don’t like happens to be brown, or if they just refuse service to people wearing a yarmulke or hijab, because that’s pretty obviously an unstated policy of discriminating against people in a protected class.

The Masterpiece Cake Shop had a stated policy of refusing service to gay people. They could have refused to bake a cake with cocks and rainbows all over it (freedom of expression) as long as they were willing to sell a nice plain wedding cake. Instead, they refused service to people who just wanted a nice plain wedding cake because they were gay. They could have refused to serve Mr. Mullins and Mr. Craig because they thought they were assholes, if it weren’t for the fact that they made it clear that they were refusing service because they were gay and they were going to refuse service to other gay couples.

I can still kick you out of my bakery because I don’t like your face.