• 23:52
  • 14.12.2017
Gay wedding cake case heads to US court
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14.12.2017

Gay wedding cake case heads to US court

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The US Supreme Court is taking up the highly anticipated case of the Colorado baker who refused to make a wedding cake for a same-sex couple.
Tuesday's (Wednesday AEDT) court clash pits baker Jack Phillips' First Amendment claims of artistic freedom against the anti-discrimination arguments of the Colorado Civil Rights Commission, and two men Phillips turned away in 2012.
The commission ruled Phillips violated the state's anti-discrimination law when he refused to make a wedding cake for Charlie Craig and David Mullins.
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The argument is the first involving gay rights since the Supreme Court ruled in 2015 that states could not prevent same-sex couples from marrying.
The Trump administration is supporting Phillips in his argument that he can't be forced to create a cake that violates his religious beliefs. It appears to be the first time the US government has asked the justices to carve out an exception from an anti-discrimination law.
The case's outcome also could affect photographers and florists who have voiced objections similar to those of Phillips.
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"Artists shouldn't be forced to express what the government dictates. The commission ordered Jack to celebrate what his faith prohibits or to stop doing the work he loves," Kristen Waggoner, the Alliance Defending Freedom who is representing Phillips, said in an email.
"The Supreme Court has never compelled artistic expression, and doing so here would lead to less civility, diversity, and freedom for everyone, no matter their views on marriage."
But the American Civil Liberties Union and other rights groups that have sided with the gay couple fear a ruling for Phillips could allow for discrimination by a range of business owners.
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