Court rules against OR bakers who refused to make gay wedding cake

Jenna Warner
December 30, 2017

Yet the Kleins failed to prove their case against Avakian, the AP story reported, and Avakian proclaimed the court ruling shows or is "open to all".

When told there was no groom, Klein said he was sorry but the bakery did not make cakes for same-sex weddings.

The Court of Appeals announced its decision Thursday to uphold a $135,000 fine issued to bakery owners who refused to make a cake for a lesbian couple.

"Although we accept that the Kleins imbue each wedding cake with their own aesthetic choices, they have made no showing that other people will necessarily experience any wedding cake that the Kleins create predominantly as 'expression" rather than as food, ' the opinion says.

Both cases are almost identical in that the same-sex couples involved say that they didn't request any specific design, decoration or message for the cake before the bakers refused to sell them.

During oral arguments before the Oregon Court of Appeals in March, the Kleins' attorney Adam Gustafson said forcing someone to participate in a same-sex wedding violated their free speech and religious freedom.

The Kleins were ordered to pay the Bowman-Cryers $135,000 for causing emotional distress for refusing service back in 2015.

Shackelford added, "In a diverse and pluralistic society, people of goodwill should be able to peacefully coexist with different beliefs". All of us are equal under the law and should be treated equally.

Attorneys for the Kleins said they are considering all of their options for further appeal. Orgeon will not allow a "Straight Couples Only" sign to be hung in bakeries or other stores. "In Oregon, businesses that are open to the public are open to all", they said.

Donations poured in for the Kleins, who campaigned in Iowa with Ted Cruz at "Rally for Religous Liberty", and C. Boyden Gray, the former White House Counsel for George H.W. Bush, offered to represent the couple for free.

Through tears, Klein said she poured her heart and passion into each cake and designed each one to fit each couple perfectly.

"The Kleins seek an exemption based on their honest religious opposition to same-sex marriage; but those with honest religious objections to marriage between people of different races, ethnicities or faiths could just as readily demand the same exemption", the court said. The Appeals Court panel rejected those arguments, ruling that the Kleins had denied a service to the Bowman-Cryers in violation of a principle that "simply requires their compliance with a neutral law of general applicability".

Other reports by Insurance News

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