Ted Cruz Opposes Trump Judicial Nominee Who Argued Against Couple Opposed To Same-Sex Marriage

Socially conservative Republicans in the Senate are opposing the confirmation of one of President Donald Trump’s judicial nominees on the grounds that he does not have strong credentials on religious liberty. Texas Senator Ted Cruz is the most prominent senator opposing Michael Brogen, who is nominated to serve on a federal district court.

Though Brogen is otherwise a fairly mainstream judicial pick, a case involving a Catholic couple and discrimination against the LGBT community has rankled some conservatives. Senators Ted Cruz, Josh Hawley and Thom Tillis are openly opposing him, with more expected to follow.

Brogen signed a brief while defending the city of East Lansing against a suit from a Catholic couple who were suing the city. The couple had refused to perform a same-sex marriage on their farm for religious reasons. In response, East Lansing barred them from a farmers’ market. They sued.

The city brought a motion to dismiss the case, comparing the couple’s beliefs to a branch of the Ku Klux Klan opposed to interracial marriage and argued that under similar conditions, Klan members would not be allowed to deny service based on race.

“An adherent of that particular brand of Christianity who ran a business similar to the plaintiffs’ business would not be able to invoke the free exercise clause to avoid the antidiscrimination provisions of Federal, State and local laws that apply to public accommodations if interracial couples were refused service,” the city’s brief said.

The comparison has rankled socially conservative Republicans but Brogen could still be confirmed. He enjoys mainstream support from Republicans and some Democrats have also said they will vote for him.