National
Supreme Court agrees to hear gay wedding cake refusal case
Masterpiece Cakeshop sought religious exemption from Colorado LGBT law


The Supreme Court has agreed to take up a gay wedding cake case. (Photo by Bigstock)
On the two-year anniversary of the U.S. Supreme Court’s sweeping decision in favor of marriage equality, the court announced it had agreed to review a case in which a Colorado bakery refused to sell a wedding cake to a same-sex couple.
The Supreme Court announced in its orders list on Monday it had agreed to take up the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission in the aftermath of the court’s periodic conference on Thursday. It takes a vote of at least four justices to grant a writ of certiorari ā or agree to take a case ā but the names of which justices voted that way isn’t made public.
If the Supreme Court rules in favor of Masterpiece Cakeshop, which was penalized for refusing to sell a wedding cake to a same-sex couple under Colorado’s human rights law, it could establish a religious carve out for denial of services to LGBT people throughout the country.
Praising the Supreme Court’s decision to take up the case as a prelude to guaranteeing “religious freedom” in the name of anti-LGBT discrimination was Tony Perkins, president of the Family Research Council.
“The U.S. Supreme Court now has an opportunity to issue a ruling that makes clear the government has no authority to force Americans like Jack Phillips to use their artistic talents to celebrate events with which they have a moral and/or religious disagreement,” Perkins said.
Because the Supreme Court’s 2016-2017 term is about to close, a decision from justices won’t come any time soon. The court will hear arguments and render a decision in the gay wedding case refusal case during the next term after the summer.
The petition for certiorari asking the Supreme Court to take up the case had been sitting before the Supreme Court without action for nearly a year. The Supreme Court only agreed to take up the case after the confirmation of U.S. Associate Justice Neil Gorsuch, whom LGBT rights supporters opposed out of concern he’d diminish LGBT rights from the bench.
Perkins in his statement was optimistic the court would rule in favor of Masterpiece Cakeshop based on the presence of Gorsuch onĀ the bench.
“With Justice Gorsuch now on the bench, we are more optimistic that the Supreme Court will uphold our nation’s long tradition of respecting the freedom of Americans to follow their deeply held beliefs, especially when it comes to participating in activities and ceremonies that so many Americans consider sacred,” Perkins said.
The Supreme Court has agreed to hear the case after an administrative judge ruled Masterpiece Cakeshop illegally discriminated against a same-sex couple by refusing to sell them a wedding cake ā a decision the Colorado Court of Appeals upheld in 2015. The Colorado Supreme Court has declined to review these decisions and let them stand.
The case was result of Charlie Craig and David Mullins, a same-sex couple, asking Jack Phillips, the owner of Masterpiece Cakeshop, to design and produce a wedding cake in 2012 for their wedding in Massachusetts. Phillips refused based on his religious beliefs, but said he would be happy to make and sell them other baked goods.
In 2013, the American Civil Liberties Union and the ACLU of Colorado filed a lawsuit on behalf of Mullins and Craig, alleging the bakery discriminated on the basis of sexual orientation.
James Esseks, director of the ACLUās LGBT Project, said in a statement the Supreme Court upon review of the case should rule in favor of the same-sex couple and uphold Colorado’s non-discrimination law based on established legal principles.
āThe law is squarely on David and Charlieās side because when businesses are open to the public, theyāre supposed to be open to everyone,ā Esseks said. āWhile the right to oneās religious beliefs is fundamental, a license to discriminate is not. Same-sex couples like David and Charlie deserve to be treated with the same dignity and respect as anyone else, and weāre ready to take that fight all the way to the Supreme Court.ā
Kasey Suffredini, acting CEO and president of strategy at Freedom for All Americans, said in a statement the Supreme Court should remember the same-sex couple seeking a wedding cake “were unfairly denied service at a business because of their sexual orientation.”
“When the Supreme Court hears this case, the justices should consider the reality that businesses that serve the public must be open to all, with no excuses and without exception,” Suffredini said. “All of us cherish the American promise of religious freedom as protected under the U.S. Constitution, but that doesn’t give anyone the right to discriminate against others. This case will be an important opportunity to have a national conversation about the values we all share as Americans and the importance of equal treatment for everyone.”
State Department
HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration
Black coffins placed in front of Harry S. Truman Building

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.
Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.
King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.
“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.
Then-President George W. Bush in 2003 signed legislation that created PEPFAR.
The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the Presidentās Emergency Plan for AIDS relief and other ālife-saving humanitarian assistanceā programs to continue to operate during the freeze.
The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations ā OUT LGBT Well-being and Access Chapter 2 ā that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.
Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”
“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.
Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”
“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

U.S. Military/Pentagon
Pentagon urged to reverse Naval Academy book ban
Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

Lambda Legal and the Legal Defense Fund issued a letter on Tuesday urging U.S. Defense Secretary Pete Hegseth to reverse course on a policy that led to the removal of 381 books from the Nimitz Library of the U.S. Naval Academy in Annapolis, Md.
Pursuant to President Donald Trump’s executive order 14190, “Ending Radical Indoctrination in K-12 Schooling,” the institution screened 900 titles to identify works promoting “diversity, equity, and inclusion,” removing those that concerned or touched upon “topics pertaining to the experiences of people of color, especially Black people, and/or LGBTQ people,” according to a press release from the civil rights organizations.
These included “I Know Why the Caged Bird Singsā by Maya Angelou, āStone Fruitā by Lee Lai,Ā āThe Hate U Giveā by Angie Thomas, āLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā by James W. Loewen, āGender Queer: A Memoirā by Maia Kobabe, and āDemocracy in Black: How Race Still Enslaves the American Soulā by Eddie S. Glaude, Jr.Ā
The groups further noted that “the collection retained other books with messages and themes that privilege certain races and religions over others, including ‘The Clansman: A Historical Romance of the Ku Klux Klan’ by Thomas Dixon, Jr., ‘Mein Kampf’ by Adolf Hitler, and ‘Heart of Darkness’ by Joseph Conrad.
In their letter, Lambda Legal and LDF argued the books must be returned to circulation to preserve the “constitutional rights” of cadets at the institution, warning of the “danger” that comes with “censoring materials based on viewpoints disfavored by the current administration.”
“Such censorship is especially dangerous in an educational setting, where critical inquiry, intellectual diversity, and exposure to a wide array of perspectives are necessary to educate future citizen-leaders,”Ā Lambda Legal Chief Legal Officer Jennifer C. PizerĀ andĀ LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.
Federal Government
White House sues Maine for refusing to comply with trans athlete ban
Lawsuit follows months-long conflict over school sports in state

The Justice Department is suing the state of Maine for refusing to comply with President Donald Trump’s executive order banning transgender athletes from participating in school sports, U.S. Attorney General Pam Bondi announced on Wednesday.
DOJ’s lawsuit accuses the state of violating Title IX rules barring sex discrimination, arguing that girls and women are disadvantaged in sports and deprived of opportunities like scholarships when they must compete against natal males, an interpretation of the statute that reverses course from how the law was enforced under the Biden-Harris administration.
āWe tried to get Maine to comply” before filing the complaint, Bondi said during a news conference. She added the department is asking the court to āhave the titles return to the young women who rightfully won these sports” and may also retroactively pull federal funding to the state for refusing to comply with the ban in the past.
Earlier this year, the attorney general sent letters to Maine, California, and Minnesota warning the blue states that the department “does not tolerate state officials who ignore federal law.ā
According to the Maine Principals’ Association, only two trans high school-aged girls are competing statewide this year. Conclusions from research on the athletic performance of trans athletes vis-a-vis their cisgender counterparts have been mixed.
Trump critics and LGBTQ advocates maintain that efforts to enforce the ban can facilitate invasive gender policing to settle questions about an individual athlete’s birth sex, which puts all girls and women at risk. Others believe determinations about eligibility should be made not by the federal government but by school districts, states, and athletics associations.
Bondi’s announcement marked the latest escalation of a months-long feud between Trump and Maine, which began in February when the state’s Democratic governor, Janet Mills, declined to say she would enforce the ban.
Also on Wednesday, U.S. Education Secretary Linda McMahon said the findings from her department’s Title IX investigation into Maine schools ā which, likewise, concerned their inclusion of trans student-athletes in competitive sports ā was referred to DOJ.
Earlier this month, the Justice Department pulled $1.5 million in grants for Maine’s Department of Corrections because a trans woman was placed in a women’s correctional facility in violation of a different anti-trans executive order, while the U.S. Department of Agriculture paused the disbursement of funds supporting education programs in the state over its failure to comply with Title IX rules.
A federal court last week ordered USDA to unfreeze the money in a ruling that prohibits the agency from āterminating, freezing, or otherwise interfering with the stateās access to federal funds based on alleged Title IX violations without following the process required by federal statute.āĀ
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