The Department of Justice under Attorney General Jeff Sessions has argued that forcing Colorado cake shop owner Jack Phillips to create a wedding cake for a gay couple under public accommodation laws violates his constitutional rights, writing: “Forcing Phillips to create expression for and participate in a ceremony that violates his sincerely held religious beliefs invades his First Amendment rights.”
Businesses that are considered public accommodations are barred by law from discriminating against people on the basis of race and religion, but the DOJ brief argues that such laws should not be able to compel artists to create “inherently communicative” goods like wedding cakes.
The filing’s slippery slope potential could create disturbing precedent.