The states public accommodation law forbids discrimination based on race, religion and sexual orientation, but the DOJ agreed that requiring Masterpiece Cakeshop owner Jack Phillips to bake a wedding cake for a gay couple would violate his constitutional rights.http://www.nydailynews.com/news/national/doj-sides-baker-same-sex-wedding-cake-case-article-1.3479277
In a filing with the high court Thursday, the Justice Department argued it would create an intrusion of the First Amendment where public accommodations law compels someone to create expression for a particular person or entity and to participate, literally or figuratively, in a ceremony or other expressive event.
Forcing Phillips to create expression for and participate in a ceremony that violates his sincerely held religious beliefs invades his First Amendment rights, the Justice Department wrote in an amicus brief ahead of arguments in the case.
Interesting tidbit from the Slate link: “the court took the case strongly indicating that at least four justices think the Colorado court got it wrong. (It takes four votes for the Supreme Court to hear a case.)” I didn’t know they went by the numbers that way.
The rest is the usual willfully ignorant Jim Crow twaddle that completely ignores that the case is a question of artistic expression, not of discrimination against a protected class.