Members of Congress have weighed in on the case now before the U.S. Supreme Court that concerns a Colorado baker who refused because of his religious beliefs to make a cake to celebrate the marriage of a same-sex couple.

To be determined in the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission is whether creative businesses can refuse certain services due to their First Amendment rights of free speech and free exercise of religion in light of public accommodation laws.

Dozens of civil rights, religious, legal, and other groups have filed briefs to argue on both sides of the question, and now Republican and Democrat lawmakers have done so as well.

A brief filed by 11 Republican senators and 75 representatives, led by Senator Ted Cruz (TX), stated:

“The more fundamental question is the power of a government to compel Americans to frame or speak messages against their conscience. For if the government can compel a religious person to make artistic designs for events that conflict with their religious beliefs, there is little speech the government cannot compel.”

A Democratic brief, filed by 36 senators and 175 representatives that included Senate Minority Leader Charles Schumer (NY) and House Minority Leader Nancy Pelosi (CA) read in part:

­“To recognize a constitutional right … for such businesses to discriminate, even where such discrimination arises around allegedly expressive conduct, would contravene the spirit, purpose, and plain language of Federal laws like the Civil Rights Act and the ADA [Americans With Disabilities Act]. This Court should not establish a precedent inviting discrimination against historically marginalized communities.”

The justices heard oral arguments on December 9. A ruling on the case is expected in 2018. For in-depth coverage of this topic, see the upcoming January 2018 issue of Supreme Court Debates.