The Department of Justice wants to speak on behalf of a Colorado baker who denied a gay couple a wedding cake.
U.S Solicitor General Noel Francisco filed the two-page request on Oct. 25 on behalf of the DOJ according to PrideSource. The Justice Department says they want to speak because they have an interest in the "the preservation of federal constitutional rights of free expression."
Jack Phillips, the owner of the Masterpiece Cakeshop in Lakewood, Co., said he declined to make a cake for Massachusetts couple Charlie Craig and David Mullins in 2012 for religious reasons. Phillips was later found in violation of Colorado state laws, which prevents discrimination against people on the basis of sexual or gender identification, according to the Los Angeles Times.
Phillips is arguing that the making of cakes is an act of expression, and that this is protected by the constitution. He also argues that because the constitution is the supreme law, it overrules Colorado’s discrimination law.
According to Pride Source, the Colorado Court of Appeals upheld the court's original decision in 2015. While the Colorado Supreme Court said they would stand by the lower court’s ruling, the U.S Supreme Court agreed to hear the case in June.
Oral arguments for the case in the Supreme Court are set to begin Oct. 5.