DOJ Decides in Case of Baker Refusing Gay Wedding Cake – by Calvin Freiburger
One of the most important reasons it was necessary to elect Donald Trump was to end the days of the United States Department of Justice being a pawn in the Left’s culture-war aggression. Now under the leadership of Attorney General Jeff Sessions, the DOJ is finally throwing its weight around to defend rather than desecrate the Constitution.
The Washington Post reports that on Thursday, the Justice Department filed a brief siding with Colorado baker Jack Phillips, who has been hit with “discrimination” violations for refusing to bake a cake for a same-sex wedding.
[David] Mullins and [Charlie] Craig visited Masterpiece Cakeshop in July 2012, along with Craig’s mother, to order a cake for their upcoming wedding reception. Mullins and Craig planned to marry in Massachusetts, where same-sex marriages were legal at the time, and then hold a reception in Colorado.
But Phillips refused to discuss the issue, saying his religious beliefs would not allow him to have anything to do with same-sex marriage. He said other bakeries would accommodate them.
The civil rights commission and a Colorado court rejected Phillips’ argument that forcing him to create a cake violated his First Amendment rights of freedom of expression and exercise of religion.
The court said the baker “does not convey a message supporting same-sex marriages merely by abiding by the law.”
That’s simply ludicrous. Of course participating in something, however, indirectly, constitutes a degree of approval for it. To claim otherwise becomes even more absurd when one considers that the mere act of baking elaborate and decorative cakes for events and celebrations is often a form of art — which, in constitutional terms, amounts to speech, which liberals usually at least pretend to still revere.
Phillips’ case is now heading to the Supreme Court, and now the nation’s top cops will be fighting on his side.
The government agreed with Phillips that his cakes are a form of expression, and he cannot be compelled to use his talents for something in which he does not believe.
“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 Jeffrey B. Wall wrote in the brief.
The DOJ’s decision to support Phillips is the latest in a series of steps the Trump administration has taken to rescind Obama administration positions favorable to gay rights and to advance new policies on the issue.
But Louise Melling, the deputy legal counsel of the American Civil Liberties Union, which is representing the couple, said she was taken aback by the filing.
“Even in an administration that has already made its hostility” toward the gay community clear, Melling said, “I find this nothing short of shocking.”
Oh, shut up. In what universe is respectfully declining to provide something yet directing people to places where they can get what they’re looking for — when willing providers of the good in question are abundant — an act of “hostility”? And while we’re at it, how is “I’m going to take you to court and destroy your career over this” not ten times as hostile?
It’s great to see the Trump/Sessions Justice Department intervening on behalf of this man’s First Amendment rights. Now, if we can just get them to call off the dogs still hounding the Little Sisters of the Poor, we’ll really be getting somewhere…