The Justice Department Bends Over Backwards to Craft Special Rights for Christofascists

Jack Phillips - the face of a bigot demanding special rights

I have previously noted how the Trump Department of Justice has intervened in a case before the U.S. Supreme Court that has the goal, if successful, of carving out an exception to public accommodation and non-discrimination laws for right wing Christian extremists - those I refer to as Christofascists.   While the effort is largely without precedent, it comes as no surprise given (i) Donald Trump's selling of whatever soul he has to Christofascists during a a June, 2016, meeting at Trump Tower, and (ii) Jeff Sessions' decades old racism and homophobia (Sessions and I were both in the Mobile, Alabama legal community decades ago and, in my opinion, the man has only become more foul with the passage of time).  Given the obsession of the conservative justices on the court with pandering to the myth of Christian persecution and "protecting religious freedom" (Gorsuch is particularly obsessed in this regard), there is a frightening chance that the effort will succeed and the civil rights of many minorities, not just gays, will suffer as a consequence.  The Washington Post editorial board rightly lets loose of Sessions - and by extension, Trump.  One can only wonder how long it will be before blacks - or perhaps Jews given Trump's seeming love for Neo-Nazis - can be targeted for discrimination as long as the bigots claim their religious beliefs justify the mistreatment and segregation.  Here are highlights: 

SHOULD A Colorado baker have the right to turn away a gay couple seeking a custom wedding cake if he disapproves of their upcoming marriage? According to the Justice Department, the answer is yes.

The Supreme Court will soon hear arguments over the conduct of this unwilling baker in Masterpiece Cakeshop v. Colorado Civil Rights Commission. Though the federal government isn’t a party to the case, the Justice Department has made a point of weighing in on the side of Jack Phillips, the “cake artist” whose religious opposition to same-sex marriage led him to refuse to design a cake for a gay couple.

The Justice Department’s legal brief has — rightly — faced criticism from civil rights groups appalled by the government’s argument that Mr. Phillips’s religious beliefs grant him a constitutional right to discriminate against gay customers, despite a Colorado public-accommodations law prohibiting unequal treatment on the basis of sexual orientation. Indeed, the brief is a dispiriting signal of Attorney General Jeff Sessions’s priorities. The government went out of its way to side with Mr. Phillips, but it has been quiet on any number of other significant cases before the Supreme Court this term.

Masterpiece Cakeshop isn’t really a religious-freedom case at all — though Mr. Phillips’s attorneys do point to their client’s constitutional rights on that front. Because Colorado lacks legislation raising the standard for state infringement on religious belief — unlike many states and the federal government — Mr. Phillips is left with what’s likely a losing argument.

That’s why both Mr. Phillips and the Justice Department focus on the baker’s freedom of expression, arguing that crafting a cake for a same-sex wedding would force Mr. Phillips to celebrate a ceremony of which he disapproves.

The Justice Department’s effort to craft a narrow exception to public-accommodations law risks blowing a hole through the fabric of that law entirely. Mr. Phillips is providing a service to his customers for pay. While he does so, he should be subject to anti-discrimination laws like every other business is.

Two years after Obergefell, cases such as Masterpiece Cakeshop have been relatively unsuccessful and few and far between — a sign of a nation moving forward. The Supreme Court should now resist the Justice Department’s effort to turn back the clock.

The take away?  Fundamentalist and evangelical Christians are not nice or decent people and the mainstream media needs to start facing the reality that these people are self-centered bigots who think that they are above the laws.  Perhaps while exposing their nastiness, an effort should be made to repeal the tax exempt status of churches - the rest of the citizenry should not be forced to indirectly financially subsidize these foul institutions.