Appeals court rules against Oregon bakers fined $135K in gay-wedding cake dispute

FILE - In this Feb. 5, 2013, file photo, Melissa Klein, co-owner of Sweet Cakes by Melissa, in Gresham, Ore., tells a customer that the bakery has sold out of baked goods for the day. An appellate court Thursday, Dec. 28, 2017, upheld a penalty against the bakery owners who refused to make a cake for a same-sex wedding almost five years ago. (Everton Bailey Jr./The Oregonian via AP, File)
By Bradford Richardson - The Washington Times - Thursday, December 28, 2017
An appeals court ruled Thursday against the Oregon bakers who were fined $135,000 for declining to make a wedding cake for a lesbian couple.
In its decision, the Oregon Court of Appealsupheld an administrative law judge’s ruling that Melissa and Aaron Klein, owners of Sweet Cakes by Melissa, violated a public accommodations law barring discrimination on the basis of sexual orientation.
Kelly Shackelford, president of the First Liberty Institute, a religious liberty law firm representing the Kleins, said he was “disappointed” by Thursday’s decision.
“Freedom of expression for ourselves should require freedom of expression for others,” Mr. Shackelford said in a statement. “Today, the Oregon Court of Appeals decided that Aaron and Melissa Klein are not entitled to the Constitution’s promises of religious liberty and free speech. In a diverse and pluralistic society, people of good will should be able to peacefully coexist with different beliefs.”
Attorneys for the Kleins said they are considering all of their options for further appeal.
The panel of appellate judges concluded that baking wedding cakes does not constitute “speech, art or other expression” protected by the First Amendment.

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