Aaron and Melissa Klein were forced to close their Sweet Cakes bakery in 2016 after the Bureau of Labor and Industries (BOLI) determined they violated Oregon’s 2007 law prohibiting discrimination based on sexual orientation by refusing to make a wedding cake.

The couple was fined $60,000 in noneconomic damages to Laurel Bowman-Cryer and $75,000 to Rachel Bowman-Cryer.

That assessment when against the national trend when other states were assessing fines of $5,000- $15,000.

The Kleins lost in the court of appeals and appealed to the Oregon Supreme Court only to be declined. They then appealed to the U.S. Supreme Court with hopes that a recent ruling in a similar case would benefit them. The Supreme Court ruled that the Colorado Commission on Civil Rights did not employ “religious neutrality” and reversed that state’s decision against the bakery owner. Even though it had applications, the Supreme Court sent the Klein case back to the Oregon Court of Appeals for reconsideration.

The court of appeals was charged with applying the Supreme Court ruling to the Klein case.

Justice Lagesen wrote in the case Klein v BOLI, “We reverse and remand the order’s damages award … BOLI’s handling of the damages portion of the case does not reflect the neutrality toward religion required by the free-exercise (of religion) clause. We therefore set aside the damages portion of the order and remand for further proceedings related to remedy.”

Even though the Court of Appeal reversed the $135,000 fine, they stuck to the charge of discrimination based on sexual orientation.

Judge Lagesen wrote, “Neither the state constitution nor the federal constitution precludes the enforcement of the statute against Aaron (Klein), even though the enforcement of the statute burdens Aaron’s practice of his faith. In so doing, we conclude that (the 2021 federal decision) does not displace our previous conclusion that it is a genuinely applicable and neutral law.” In so doing they do not provide for the First Amendment as the authority over state laws.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

Counsel Stephanie Taub said, “Oregon is trying to have its cake and eat it, too.” The court admitted that BOLI acted with hostility against the Kleins’ religious beliefs.

It will become apparent in how BOLI handles the penalties against the Kleins for living out their faith. Whatever BOLI imposes, the Kleins intend to appeal to the Oregon and U.S. Supreme Court on behalf of millions of faith-based small business owners.


--Donna Bleiler

Post Date: 2022-01-29 07:26:20

Last Update: 2022-01-28 21:44:43