National
DOJ files Supreme Court brief for baker who refused to serve gays
Trump administration argues right to expression trumps Colorado law
The Justice Department under Jeff Sessions is arguing for a right for a Colorado baker to refuse service to same-sex couples. (Photo by Gage Skidmore; courtesy Wikimedia Commons)
The U.S. Justice Department has voluntarily weighed in on a case pending before the U.S. Supreme Court in favor of a Colorado bakery asserting a First Amendment right to deny wedding cakes to same-sex couples.
The 41-page friend-of-the-court brief filed by the Justice Department under U.S. Attorney General Jeff Sessions makes the case Jack Phillips, owner of Masterpiece Cakeshop, has the freedom of expression right to refuse to make same-sex couples a wedding cake.
“Forcing Phillips to create expression for and participate in a ceremony that violates his sincerely held religious beliefs invades his First Amendment rights in a manner akin to the governmental intrusion in Hurley,” the filing says. “Colorado has not offered, and could not reasonably offer, a sufficient justification for that compulsion here.”
The arguments presented by the Justice Department seem crafted for limited application to the baking of wedding cakes. At one point, the brief asserts the cake “signifies and celebrates the beginning of a marriage — namely, the ceremony in which the newlyweds cut the cake together and sometimes feed it to each other.”
The Justice Department also argues the prohibition of racial discrimination is a compelling reason to subordinate freedom of expression to non-discrimination laws, but “the same cannot be said for opposition to same-sex marriage.”
“The Court has not similarly held that classifications based on sexual orientation are subject to strict scrutiny or that eradicating private individuals’ opposition to same-sex marriage is a uniquely compelling interest,” the filing says. “To the contrary, the Court has recognized that opposition to same-sex marriage ‘long has been held — and continues to be held — in good faith by reasonable and sincere people,” and that ‘[m]any who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises.'”
The Supreme Court agreed to hear the case in June after an administrative judge ruled Masterpiece Cakeshop illegally discriminated against a same-sex couple by refusing to sell them a wedding cake — a decision the Colorado Court of Appeals upheld in 2015. The Colorado Supreme Court has declined to review these decisions and let them stand.
Lauren Ehrsam, a Justice Department spokesperson, said the Justice Department filed the brief “because the First Amendment protects the right of free expression for all Americans.”
“Although public-accommodations laws serve important purposes, they — like other laws — must yield to the individual freedoms that the First Amendment guarantees,” Ehrsam said. “That includes the freedom not to create expression for ceremonies that violate one’s religious beliefs.”
Charlie Craig and David Mullins, a same-sex couple, filed the lawsuit against Masterpiece Cakeshop after they asked Phillips 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. Representing Masterpiece Cakeshop is Alliance Defending Freedom, an anti-LGBT legal group designated by the Southern Poverty Law Center as a hate group.
Among the arguments in the brief asserting the supremacy of Masterpiece Cakeshop right to refuse service over Colorado’s non-discrimination is the state’s own absence of marriage equality at the time the purchase was requested.
“In other words, the State itself did not acknowledge the validity of the union it sought to compel petitioners to celebrate,” the brief says. “It was not until October 2014, after federal courts had ruled that Colorado’s same-sex marriage laws were invalid, that the State began issuing marriage licenses to same-sex couples. Especially given that background, the State has not advanced a sufficient state interest to override petitioners’ weighty First Amendment interest in declining to create the expression at issue here.”
It’s not the first voluntary anti-gay amicus brief the Justice Department filed under the Trump administration. The department also made a filing before the U.S. Second Circuit Court of Appeals arguing Title VII of the Civil Rights of 1964 affords no non-discrimination protections to lesbian, gay and bisexual people.
Louise Melling, deputy legal director of the American Civil Liberties Union, said the filing was the latest in a series of anti-LGBT moves from the Trump administration.
“This Justice Department has already made its hostility to the rights of LGBT people and so many others crystal clear,” Melling said. “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.”
The brief is consistent with remarks Sessions gave in July at an Orange County conference for Alliance Defending Freedom in which he pledged to make protecting religious freedom a priority.
“The federal government will actively find ways to accommodate people of all faiths,” Sessions said at the time. “The protections enshrined in the Constitution and our laws protect all Americans, including when we work together, speak in the public square, and when we interact with our government. We don’t waive our constitutional rights when we participate fully in public life and civic society.”
National
213 House members ask Speaker Johnson to condemn anti-trans rhetoric
Letter cites ‘demonizing and dehumanizing’ language
The Congressional Equality Caucus has sent a letter urging Speaker of the House Mike Johnson to condemn the surge in anti-trans rhetoric coming from members of Congress.
The letter, signed by 213 members, criticizes Johnson for permitting some lawmakers to use “demonizing and dehumanizing” language directed at the transgender community.
The first signature on the letter is Rep. Sarah McBride of Delaware, the only transgender member of Congress.
It also includes signatures from Leader Hakeem Jeffries (NY-08), Democratic Whip Katherine Clark (MA-05), House Democratic Caucus Chair Pete Aguilar (CA-33), every member of the Congressional Equality Caucus, and members of every major House Democratic ideological caucus.
Some House Republicans have used slurs to address members of the transgender community during official business, including in committee hearings and on the House floor.
The House has strict rules governing proper language—rules the letter directly cites—while noting that no corrective action was taken by the Chair or Speaker Pro Tempore when these violations occurred.
The letter also calls out members of Congress—though none by name—for inappropriate comments, including calls to institutionalize all transgender people, references to transgender people as mentally ill, and false claims portraying them as inherently violent or as a national security threat.
Citing FBI data, the letter notes that 463 hate crime incidents were reported due to gender identity bias. It also references a 2023 Williams Institute report showing that transgender people are more than four times more likely than cisgender people to experience violent victimization, despite making up less than 2% of the U.S. population.
The letter ends with a renewed plea for Speaker Johnson to take appropriate measures to protect not only the trans member of Congress from harassment, but also transgender people across the country.
“We urge you to condemn the rise in dehumanizing rhetoric targeting the transgender community and to ensure members of your conference are abiding by rules of decorum and not using their platforms to demonize and scapegoat the transgender community, including by ensuring members are not using slurs to refer to the transgender community.”
The full letter, including the complete list of signatories, can be found at equality.house.gov. (https://equality.house.gov/sites/evo-subsites/equality.house.gov/files/evo-media-document/letter-to-speaker-johnson-on-anti-transgender-rhetoric-enforcing-rules-of-decorum.pdf)
The White House
EXCLUSIVE: Garcia, Markey reintroduce bill to require US promotes LGBTQ rights abroad
International Human Rights Defense Act also calls for permanent special envoy
Two lawmakers on Monday have reintroduced a bill that would require the State Department to promote LGBTQ rights abroad.
A press release notes the International Human Rights Defense Act that U.S. Sen. Edward Markey (D-Mass.) and U.S. Rep. Robert Garcia (D-Calif.) introduced would “direct” the State Department “to monitor and respond to violence against LGBTQ+ people worldwide, while creating a comprehensive plan to combat discrimination, criminalization, and hate-motivated attacks against LGBTQ+ communities” and “formally establish a special envoy to coordinate LGBTQ+ policies across the State Department.”
“LGBTQ+ people here at home and around the world continue to face escalating violence, discrimination, and rollbacks of their rights, and we must act now,” said Garcia in the press release. “This bill will stand up for LGBTQ+ communities at home and abroad, and show the world that our nation can be a leader when it comes to protecting dignity and human rights once again.”
Markey, Garcia, and U.S. Rep. Sara Jacobs (D-Calif.) in 2023 introduced the International Human Rights Defense Act. Markey and former California Congressman Alan Lowenthal in 2019 sponsored the same bill.
The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.
The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.
The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.
Then-President Joe Biden in 2021 named Jessica Stern — the former executive director of Outright International — as his administration’s special U.S. envoy for the promotion of LGBTQ and intersex rights.
The Trump-Vance White House has not named anyone to the position.
Stern, who co-founded the Alliance for Diplomacy and Justice after she left the government, is among those who sharply criticized the removal of LGBTQ- and intersex-specific references from the State Department’s 2024 human rights report.
“It is deliberate erasure,” said Stern in August after the State Department released the report.
The Congressional Equality Caucus in a Sept. 9 letter to Rubio urged the State Department to once again include LGBTQ and intersex people in their annual human rights reports. Garcia, U.S. Reps. Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who chair the group’s International LGBTQI+ Rights Task Force, spearheaded the letter.
“We must recommit the United States to the defense of human rights and the promotion of equality and justice around the world,” said Markey in response to the International Human Rights Defense Act that he and Garcia introduced. “It is as important as ever that we stand up and protect LGBTQ+ individuals from the Trump administration’s cruel attempts to further marginalize this community. I will continue to fight alongside LGBTQ+ individuals for a world that recognizes that LGBTQ+ rights are human rights.”
National
US bishops ban gender-affirming care at Catholic hospitals
Directive adopted during meeting in Baltimore.
The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.
Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.
The Washington Blade obtained a copy of it on Thursday.
“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”
“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.
The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.
The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.
Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.
“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.”
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