City then tries to discriminate against them.
All Steve and Bridget Tennes want is to sell their apples, peaches and blueberries at a Michigan farmers market without being required to get into the same-sex wedding business, and they are hoping for an assist from Colorado baker Jack Phillips.
The Tenneses, who make their home on the Country Mill Farm with their six children, contend that their Catholic faith has been maligned by East Lansing officials who have sought to bar them from the city’s farmers market over their refusal to host same-sex ceremonies on their property.
That is where Mr. Phillips comes in. It was government animus — in that case, the state of Colorado — toward the Masterpiece Cakeshop owner that swung the Supreme Court’s decision last year in his favor after he refused to bake a cake for a same-sex wedding. If anything, the hostility displayed by East Lansing officials is worse, said John Bursch, senior counsel for Alliance Defending Freedom.
“In the Masterpiece case, the Supreme Court said unequivocally that when the government is hostile toward religion or religious believers, even when there’s a hint of hostility and animus, then that’s enough to invalidate government action,” said Mr. Bursch, who represents the Michigan farmers.