Trump’s Department of Justice, led by perjurer Jefferson Beauregard Sessions III, has filed a friend-of-the-court brief, siding with a Colorado baker who refused to make a wedding cake for a same-sex couple, saying it would violate his religious beliefs. The Supreme Court is scheduled to hear the case later this Fall.
“It’s not unusual for the federal government to file an amicus brief in such an important constitutional case. What makes this brief unusual is its substance. It’s practically unheard of for the Justice Department to argue in favor of a constitutional exemption to anti-discrimination laws — a constitutional right to discriminate. But that’s exactly what this brief is doing,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law.
The case dates back to 2012, when gay couple David Mullins and Charlie Craig asked Jack Phillips, co-owner of Masterpiece Cakes, to create a cake to celebrate their wedding. Phillips refused, citing religious objections. Lower courts, citing a state anti-discrimination law, ruled in favor of the couple.
“The Justice Department has already made its hostility to the rights of LGBT people and so many others crystal clear. 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,” said Louise Melling, deputy legal director at ACLU.
The DOJ’s stance is another attack on the advances LGBTQ achieved during the Obama presidency.
“The brief filed yesterday is just the latest example of how Donald Trump, Mike Pence and Jeff Sessions have placed a target on the backs of LGBT people in order to score political points with a shrinking base of supporters, and, for Pence and Sessions in particular, to impose their religious views on the rest of the country,” said Lambda Legal spokesperson Sharon McGowan.