By Lydia Wheeler
The Supreme Court has a tough question ahead: Where do you draw the line between free speech and discrimination?
The case headed to the high court in the new term that begins next month centers on Jack Phillips, the owner of the Colorado-based Masterpiece Cakeshop who refused to make a cake for a same-sex wedding.
Phillips claims he shouldn’t be forced to under the state’s anti-discrimination law and gained a strong ally this week when the Trump administration filed a friend of the court brief on his behalf.
Acting Solicitor General Jeffrey Wall and DOJ attorneys claim there is no clear line between Phillips’s speech and that of his clients when he designs and creates a custom wedding cake.
“He is not merely tolerating someone else’s message on his property; he is giving effect to their message by crafting a unique product with his own two hands,” the administration said in its 41-page brief.
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