Jack Phillips, Owner, Masterpiece Cakeshop
By Stoyan Zaimov
Christian Post
"Forcing Phillips to create expression for and participate in a ceremony that violates his sincerely held religious beliefs invades his First Amendment rights," Acting Solicitor General Jeff Wall wrote for the Justice Department, according to CNN.
"The government may not enact content-based laws commanding a speaker to engage in protected expression: An artist cannot be forced to paint, a musician cannot be forced to play, and a poet cannot be forced to write."The brief was filed Thursday, following several other friend-of-the-court briefs, including one from the Billy Graham Evangelistic Association. Masterpiece Cakeshop v. Colorado Civil Rights Commission is a major religious liberty case that is being closely watched by both sides of the same-sex marriage debate.
Phillips is challenging lower court decisions that found him guilty of discriminating against same-sex couple Dave Mullins and Charlie Craig in 2012, when he refused to make a cake for their wedding.
The Supreme Court announced in June that it will hear the Christian baker's appeal. Alliance Defending Freedom lawyers filed their opening brief on behalf of Phillips last week.
Justice Department spokesperson Lauren Ehrsam said in relation to the filing that the "First Amendment protects the right of free expression for all Americans."
The American Civil Liberties Union, which is representing the same-sex couple, slammed the decision to file the brief.
"This Justice Department has already made its hostility to the rights of LGBT people and so many others crystal clear," said Louise Melling, ACLU's deputy legal director.
"But this brief was shocking, even for this administration. What the Trump Administration is advocating for is nothing short of a constitutional right to discriminate."
Jack Phillips, owner of Masterpiece Cakeshop in Colorado, creates a cake.
Attorney General Ken Paxton also led a 20-state coalition in filing an amicus brief to the Supreme Court in support of Phillips, highlighting the artist's "constitutionally-protected right to religious liberty."
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