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 — or agree to take a case — 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 on 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 — 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 ACLU’s 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.
“The law is squarely on David and Charlie’s side because when businesses are open to the public, they’re supposed to be open to everyone,” Esseks said. “While the right to one’s 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 we’re ready to take that fight all the way to the Supreme Court.”
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.”
National
Medical groups file lawsuit over Trump deletion of health information
Crucial datasets included LGBTQ, HIV resources
Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.
The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.
“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.
“These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.
It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”
The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question.
A White House spokesperson couldn’t immediately be reached for comment on the lawsuit.
While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management.
The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.
Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.
“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.
“Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says.
Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”
Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”
Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.
“As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from the Washington Blade.
“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said.
The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”
It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”
The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society.
The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.
U.S. Federal Courts
Federal judge scraps trans-inclusive workplace discrimination protections
Ruling appears to contradict US Supreme Court precedent
Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.
The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.
To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.
While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”
“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.
The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.
Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.
The White House
Trump travels to Middle East countries with death penalty for homosexuality
President traveled to Saudi Arabia, Qatar, and United Arab Emirates
Homosexuality remains punishable by death in two of the three Middle East countries that President Donald Trump visited last week.
Saudi Arabia and Qatar are among the handful of countries in which anyone found guilty of engaging in consensual same-sex sexual relations could face the death penalty.
Trump was in Saudi Arabia from May 13-14. He traveled to Qatar on May 14.
“The law prohibited consensual same-sex sexual conduct between men but did not explicitly prohibit same-sex sexual relations between women,” notes the State Department’s 2023 human rights report, referring specifically to Qatar’s criminalization law. “The law was not systematically enforced. A man convicted of having consensual same-sex sexual relations could receive a sentence of seven years in prison. Under sharia, homosexuality was punishable by death; there were no reports of executions for this reason.”
Trump on May 15 arrived in Abu Dhabi, the capital of the United Arab Emirates.
The State Department’s 2023 human rights report notes the “penalty for individuals who engaged in ‘consensual sodomy with a man'” in the country “was a minimum prison sentence of six months if the individual’s partner or guardian filed a complaint.”
“There were no known reports of arrests or prosecutions for consensual same-sex sexual conduct. LGBTQI+ identity, real or perceived, could be deemed an act against ‘decency or public morality,’ but there were no reports during the year of persons prosecuted under these provisions,” reads the report.
The report notes Emirati law also criminalizes “men who dressed as women or entered a place designated for women while ‘disguised’ as a woman.” Anyone found guilty could face up to a year in prison and a fine of up to 10,000 dirhams ($2,722.60.)
Trump returned to the U.S. on May 16.
The White House notes Trump during the trip secured more than $2 trillion “in investment agreements with Middle Eastern nations ($200 billion with the United Arab Emirates, $600 billion with Saudi Arabia, and $1.2 trillion with Qatar) for a more safe and prosperous future.”
Former President Joe Biden traveled to Saudi Arabia in 2022.
Saudi Arabia is scheduled to host the 2034 World Cup. The 2022 World Cup took place in Qatar.
WorldPride begins — let’s hope it ends well
LGBTQ leaders celebrate Frank Kameny’s 100th birthday at Supreme Court
Blade’s Lou Chibbaro subject of new film premiering May 29
Let love and compassion guide our response to Joe Biden’s cancer diagnosis
