The United States Department of Justice (DOJ) has in support of the Colorado baker who refused to make a wedding cake for a gay couple on the grounds of religious freedom.
Jack Phillips of Masterpiece Cakes will be making his case before the United States Supreme Court in the next few months and the DOJ has filed an amicus brief ahead of the oral argument in the case, stating Phillip’s constitutional rights have been violated.
“Forcing Phillips to create expression for and participate in a ceremony that violates his sincerely held religious beliefs invades his First Amendment rights,” the Justice Department wrote in the brief.
“In the view of the United States, a ...First Amendment intrusion occurs where a public accommodations law compels someone to create expression for a particular person or entity and to participate, literally or figuratively, in a ceremony or other expressive event.”
The Human Rights Campaign (HRC) has that the DOJ is advocating for a “licence to discriminate”.
The organisation’s legal director—Sarah Warbelow—says the move is directly targeting the LGBT+ community.
"Once again, the Trump-Pence Administration has taken direct aim at our nation’s progress on LGBTQ equality, this time urging the Supreme Court to grant a potentially sweeping license to discriminate against same-sex couples.”
Phillips is represented by the Alliance Defending Freedom who are that “free speech and artistic expression shouldn’t be subject to government control.”
“The government does not have the power to force creative professionals like Jack—or anyone for that matter—to celebrate events that violate their faith,” the organisation has .