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:27185 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 businesss 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 Councils 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 caseand is also an elected politicianreversed 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)
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 states 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 Americans 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 Avakians order that the Kleins stop speaking about this case is even more outrageousand 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 Avakians 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.
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.
Intelligent humans should respect and protect non-human intelligent beings. Never kill or enslave dolphins ~ Mike McCarthy
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?
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.
Intelligent humans should respect and protect non-human intelligent beings. Never kill or enslave dolphins ~ Mike McCarthy
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.
3 If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them.
Ummmm I don't think the pro homosexual crowd even knows that word, if they do they think the definition of "fairness" means the same thing.
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
GoFundMe kicked the Kleins off their site "following complaints from gay- marriage supporters". During that time, the campaign raised more than $109,000 on behalf of the Kleins, which the website said they would be able to keep.
"GoFundMe cited its policy against formal charges in defense of heinous crimes, prompting critics to point out that the Kleins had not been charged with a crime. A few days later, GoFundMe changed the policy to include a ban on claims of heinous crimes, violent, hateful, sexual or discriminatory acts.
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.
I have a job coming up to work for two dykes. I've worked for fags before too.
So, their money spends too?
I don't get the distinction you make between recognizing their relationship for profit as you do versus baking a commercial cake for the same type of people.
Is it the marriage thingy?
If the dykes were married would you still do the work for them? Maybe you could try to convert them.
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.
Well, of course, according to your esteemed opinion it is ALL my fault. Man, I am humbled; yet, I have never advocated homosexual rights like your pal, yukon.
Welcome to the new America where groups of psychotics can impose their irrationality of your life and childish simpleton lawyers and judges can demonstrate their pseudointellectual prowess by helping them do it. This entire nation is being backed into a corner of childishness, mental illness, stupidity, and subverions by missionaries showing evidence of the preceeding.
It is the forcing you to participate in a religious ceremony that you don't agree with. Prohibiting you from your free exercise of religion as established in the first amendment.
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.
Well, of course, according to your esteemed opinion it is ALL my fault. Man, I am humbled; yet, I have never advocated homosexual rights like your pal, yukon.
You're getting off topic. But that thread I deleted the other day. Where you practically confessed that it was you that hacked Yukon. I should undelete it and chage the title to "Is This Buckeroos confession about Yukon". Yeah things can be undeleted.
Respondent's denial of service made her feel as if God made a mistake when he made her, that she wasn't supposed to be, and that she wasn't supposed to love, have a family, and go to heaven. ... [She] interpreted the denial to represent that she was not a creature created by god, not created with a soul and unworthy of holy love and life. She felt anger, intense sorrow, and shame. These are reasonable and very real responses to not being allowed to participate in society like everybody else.
It was a cake. A cake! She has not been rejected from society. There is no actual argument or evidence presented that their ability to live their lives fully has been impaired by one rejection.
In fact, they got a free cake from semi-famous television baker Duff Goldman out of the publicity the state wanted to fine the Kleins for.
She sounds like she was driven nearly to suicide because she was rejected by a couple of bakers. I wonder what would have happened if these ladies stumbled across the Phelps family somewhere. They would end up in comas!
Much of the ruling is written in this vein, even though it also acknowledges at one point that testimony from one of the women was prone to exaggeration, and she gave testimony that was contradicted by others. They only considered her testimony when it was completely undisputed or corroborated by others.
The thing that is most repellant about this case is the gag order imposed on them.
Truth is treason in the empire of lies. - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
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.
The right of free association is a cherished civil right. If you don't like someone, for whatever reason, you don't have to associate with them. Discrimination is essential to survival. If you don't discriminate you might end up eating a turd, instead of your burrito.
If you're commercial artist do you have to draw a picture of Muhammad if someone asks?
Well, of course, according to your esteemed opinion it is ALL my fault. Man, I am humbled; yet, I have never advocated homosexual rights like your pal, yukon.
You're getting off topic. But that thread I deleted the other day. Where you practically confessed that it was you that hacked Yukon. I should undelete it and chage the title to "Is This Buckeroos confession about Yukon". Yeah things can be undeleted.
That was a MOST interesting thread....yes, it was!
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.