ACLU Comment on Justice Department Position in Masterpiece Cakeshop SCOTUS Case
WASHINGTON — The Justice Department filed a brief today with the Supreme Court arguing that businesses that are open to the public have a constitutional right to discriminate against LGBT people.
The brief was filed in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the case in which a Colorado bakery refused to serve a same-sex couple seeking a cake for their wedding reception. Lower courts have previously found that Masterpiece Cakeshop violated Colorado’s non-discrimination law when it refused service to David Mullins and Charlie Craig.
Louise Melling, deputy legal director of the American Civil Liberties Union, had the following reaction:
“This 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.
“We are confident that the Supreme Court will rule on the side of equal rights just as the lower courts have.”
WASHINGTON — The Justice Department filed a brief today with the Supreme Court arguing that businesses that are open to the public have a constitutional right to discriminate against LGBT people.
The brief was filed in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the case in which a Colorado bakery refused to serve a same-sex couple seeking a cake for their wedding reception. Lower courts have previously found that Masterpiece Cakeshop violated Colorado’s non-discrimination law when it refused service to David Mullins and Charlie Craig.
Louise Melling, deputy legal director of the American Civil Liberties Union, had the following reaction:
“This 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.
“We are confident that the Supreme Court will rule on the side of equal rights just as the lower courts have.”
Stay informed
Every month, you'll receive regular roundups of the most important civil rights and civil liberties developments. Remember: a well-informed citizenry is the best defense against tyranny.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy policy.
The latest in LGBTQ Rights
-
This Law Criminalizes Black Trans Women
-
Advocates to Take Legal Action in Defense of Transgender Youth in Montana
-
ACLU Condemns Missouri AG’s Proposed Emergency Rule Attempting to Limit Gender-Affirming Care
-
Supreme Court Must Reject West Virginia’s Effort to Deny a 12-Year-Old Girl Her Right to Play
ACLU's Vision
The American Civil Liberties Union is a nonprofit organization whose mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States of America.
Learn More About LGBTQ Rights

The ACLU works to ensure that lesbian, gay, bisexual, transgender and queer people can live openly without discrimination and enjoy equal rights, personal autonomy, and freedom of expression and association.