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U.S. Constitution
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Title: State Silences Bakers Who Refused to Make Cake for Lesbian Couple, Fines Them $135K
Source: The Daily Signal
URL Source: http://dailysignal.com/2015/07/02/s ... esbian-couple-fines-them-135k/
Published: Jul 3, 2015
Author: Kelsey Harkness
Post Date: 2015-07-03 15:47:13 by Hondo68
Keywords: gag order on the Kleins, Christian beliefs, will not be silenced
Views: 26500
Comments: 124

Melissa Klein. (Photo: Patrick Frank)

Oregon Labor Commissioner Brad Avakian finalized a preliminary ruling today ordering Aaron and Melissa Klein, the bakers who refused to make a cake for a same-sex wedding, to pay $135,000 in emotional damages to the couple they denied service.

“This case is not about a wedding cake or a marriage,” Avakian wrote. “It is about a business’s refusal to serve someone because of their sexual orientation. Under Oregon law, that is illegal.”

In the ruling, Avakian placed an effective gag order on the Kleins, ordering them to “cease and desist” from speaking publicly about not wanting to bake cakes for same-sex weddings based on their Christian beliefs.

“This effectively strips us of all our First Amendment rights,” the Kleins, owners of Sweet Cakes by Melissa, which has since closed, wrote on their Facebook page. “According to the state of Oregon we neither have freedom of religion or freedom of speech.”

The cease and desist came about after Aaron and Melissa Klein participated in an interview with Family Research Council’s Tony Perkins. During the interview, Aaron said among other things, “This fight is not over. We will continue to stand strong.”

Lawyers for plaintiffs, Rachel and Laurel Bowman-Cryer, argued that in making this statement, the Kleins violated an Oregon law banning people from acting on behalf of a place of public accommodation (in this case, the place would be the Kleins’ former bakery) to communicate anything to the effect that the place of public accommodation would discriminate.

Administrative Law Judge Alan McCullough, who is employed by the Oregon Bureau of Labor and Industries and was appointed by Avakian, threw out the argument in the “proposed order” he issued back in April.

But today, Avakian, who was in charge of making the final ruling in the case—and is also an elected politician—reversed that decision.

“The Commissioner of the Bureau of Labor and Industries hereby orders [Aaron and Melissa Klein] to cease and desist from publishing, circulating, issuing or displaying, or causing to be published … any communication to the effect that any of the accommodations … will be refused, withheld from or denied to, or that any discrimination be made against, any person on account of their sexual orientation,” Avakian wrote.

(Photo: Alex Anderson/Facebook)

(Photo: Alex Anderson/Facebook)

The Kleins’ lawyer, Anna Harmon, was shocked by the provision.

“Brad Avakian has been outspoken throughout this case about his intent to ‘rehabilitate’ those whose beliefs do not conform to the state’s ideas,” she told The Daily Signal. “Now he has ruled that the Kleins’ simple statement of personal resolve to be true to their faith is unlawful. This is a brazen attack on every American’s right to freely speak and imposes government orthodoxy on those who do not agree with government sanctioned ideas.”

Hans von Spakovsky, a senior legal fellow at The Heritage Foundation, called the order “outrageous” and said citizens of Oregon should be “ashamed.”

“This order is an outrageous abuse of the rights of the Kleins to freely practice their religion under the First Amendment,” he said.

It is exactly this kind of oppressive persecution by government officials that led the pilgrims to America. And Commissioner Avakian’s order that the Kleins stop speaking about this case is even more outrageous—and also a fundamental violation of their right to free speech under the First Amendment.

Avakian would have fit right in as a bureaucrat in the Soviet Union or Red China. Oregon should be ashamed that such an unprincipled, scurrilous individual is a government official in the state.

The case began in February 2013 when Rachel and Laurel Bowman-Cryer filed a complaint against the Kleins for refusing to bake them a wedding cake.

At the time of the refusal, same-sex marriage had not yet been legalized in Oregon.

The Bowman-Cryers’ complaint went to the Oregon Bureau of Labor and Industries, which is in charge of defending the law that prohibits businesses from refusing service to customers based on their sexual orientation, among other characteristics, called the Equality Act of 2007.

In January 2014, the agency found the Kleins unlawfully discriminated against the couple because of their sexual orientation. In April, McCullough recommended they pay $75,000 to Rachel and $60,000 to Laurel.

In order to reach the total amount, $135,000, Rachel and Laurel submitted a long list of alleged physical, emotional and mental damages they claim to have experienced as a result of the Kleins’ unlawful conduct.

Examples of symptoms included “acute loss of confidence,” “doubt,” “excessive sleep,” “felt mentally raped, dirty and shameful,” “high blood pressure,” “impaired digestion,” “loss of appetite,” “migraine headaches,” “pale and sick at home after work,” “resumption of smoking habit,” “shock” “stunned,” “surprise,” “uncertainty,” “weight gain” and “worry.”

In their Facebook post, the Kleins signaled their intention to appeal Avakian’s ruling, writing, “We will not give up this fight and we will not be silenced,” already perhaps putting themselves at risk of violating the cease and desist.


Poster Comment:

The judge told them to STFU about Christ. They're not going to.(2 images)

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Begin Trace Mode for Comment # 48.

#2. To: hondo68 (#0)

They do not have a right to refuse business based on discrimination. They were paying customers who had not done anything more than gone to their dump to conduct a business transaction.

They should pay the fine and not repeat the mistake.

Ferret Mike  posted on  2015-07-03   16:07:38 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Ferret Mike (#2)

They do not have a right to refuse business based on discrimination. They were paying customers who had not done anything more than gone to their dump to conduct a business transaction.

They should pay the fine and not repeat the mistake.

Say your son owned a bakery.

SHould he have to bake a cake that had a pro KKK message? Or a confederate flag cake?

Should a fag bakery have to bake a cake that talks about how it is your duty to kill fags from Leviticus?

A K A Stone  posted on  2015-07-03   16:10:39 ET  Reply   Untrace   Trace   Private Reply  


#5. To: A K A Stone (#4) (Edited)

The Bible gives no license to kill anyone because of their sexual orientation.

As for the KKK or battle flag comment, I would bake them their cake and take their money as long as they comported themselves well in the store and had the means to pay. The Confederate battle flag is a historical flag and I would have no right to query as to the purpose or sentiments attributed to the request, and as for the KKK, they have a right to exist whether I like them or not, and I would take their money and give them their cake.

Ferret Mike  posted on  2015-07-03   16:17:31 ET  Reply   Untrace   Trace   Private Reply  


#9. To: Ferret Mike (#5)

Well I disagree with you. But at least you're consistent so far.

I think anyone should be able to refuse anyone from their business for any reason they choose. I believe that because I believe in liberty.

I have a job coming up to work for two dykes. I've worked for fags before too. One had naked men pasted on his walls. That was very weird.

But I would never bake a cake for a queer pretending to be married. It is fundamentally against my beliefs to participate in that charade, as it is millions of others. To force someone to do that is tyranny. The founders would never have agreed to force someone to do this. In fact they would have killed people with those ideas.

A K A Stone  posted on  2015-07-03   16:25:34 ET  Reply   Untrace   Trace   Private Reply  


#11. To: A K A Stone (#9)

I think anyone should be able to refuse anyone from their business for any reason they choose. I believe that because I believe in liberty.

What about: refuse Christians at this privately owned establishment?

buckeroo  posted on  2015-07-03   16:29:50 ET  Reply   Untrace   Trace   Private Reply  


#14. To: buckeroo (#11)

What about: refuse Christians at this privately owned establishment?

I don't think they should. But if someone doesn't want to do business with you. There are plenty of other places.

Christians are Holier then non Christians. They are closer to God then non Christians. The moral code defined in the Bible is superior to all other moral codes.

A K A Stone  posted on  2015-07-03   16:34:53 ET  Reply   Untrace   Trace   Private Reply  


#17. To: A K A Stone (#14)

They are closer to God then [sic: than] non Christians.

What does that mean exactly?

buckeroo  posted on  2015-07-03   16:38:33 ET  Reply   Untrace   Trace   Private Reply  


#19. To: buckeroo (#17)

They are closer to God then [sic: than] non Christians. What does that mean exactly?

That means that non Christians don't know God. Only Christians do. Therefore Christians are holier then non christians. I say that to mean true Christians not everyone who claims to be.

A K A Stone  posted on  2015-07-03   16:41:35 ET  Reply   Untrace   Trace   Private Reply  


#23. To: A K A Stone (#19)

That means that non Christians don't know God. Only Christians do. Therefore Christians are holier then non christians. I say that to mean true Christians not everyone who claims to be.

Are you a Christian, Stone?

buckeroo  posted on  2015-07-03   16:45:16 ET  Reply   Untrace   Trace   Private Reply  


#26. To: buckeroo (#23)

Are you a Christian, Stone?

Yes. But not always a good one.

I believe that Jesus Christ is the son of God. I believe that sincerely. I do things wrong and I pray and ask for forgiveness.

Sometimes on here I say some stuff that doesn't represent me being a christian to well.

Often the destruction of our culture makes me quite angry and you can see it in my posts.

A K A Stone  posted on  2015-07-03   16:48:49 ET  Reply   Untrace   Trace   Private Reply  


#31. To: A K A Stone (#26)

Often the destruction of our culture makes me quite angry and you can see it in my posts.

If I owned your chit-chat channel I would have perm banned you, ISP and IP a long, long tyme ago.

buckeroo  posted on  2015-07-03   16:58:38 ET  Reply   Untrace   Trace   Private Reply  


#38. To: buckeroo (#31)

A K A Stone  posted on  2015-07-03   20:38:06 ET  Reply   Untrace   Trace   Private Reply  


#39. To: A K A Stone (#38)

And you can watch as you are made fun of and not able to respond.

Real classy Stone.

Deckard  posted on  2015-07-03   20:43:42 ET  Reply   Untrace   Trace   Private Reply  


#40. To: Deckard (#39)

If someone says they would ban me. Then I ban them instead.

A K A Stone  posted on  2015-07-03   20:49:56 ET  Reply   Untrace   Trace   Private Reply  


#44. To: A K A Stone (#40)

He's mocked the site and called it the "chit chat channel" a hundred times. If he doesn't value or respect the site, then he obviously won't care if he's outcast.

Bye bye Ba ba ba ba Bucky

He'll return under another ID and disrupt. That's what no-rules, anything goes anarchists do.

GrandIsland  posted on  2015-07-03   21:16:06 ET  Reply   Untrace   Trace   Private Reply  


#48. To: GrandIsland (#44)

He's mocked the site and called it the "chit chat channel" a hundred times.

That's what it is, pig boy. I couple dozen people posting stuff.

Now, pebbles is trying to decrease this traffic by 10 or 20 percent.

Fred Mertz  posted on  2015-07-03   22:25:57 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 48.

#51. To: Fred Mertz (#48)

trying to decrease this traffic by 10 or 20 percent.

Then why post your hopeless message?

Might as well leave this site and eat a 3" magnum Buckyshot sandwich. lol

GrandIsland  posted on  2015-07-03 22:40:18 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 48.

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