The Oregon Supreme Court has declined to consider the case of Sweet Cakes by Melissa, the now-defunct Gresham bakery that refused to make a wedding cake for a lesbian couple in 2013 based on the bakers' religious objections.
Aaron and Melissa Klein had been ordered to pay $135,000 to couple Rachel and Laurel Bowman-Cryer in emotional damages in 2015 after the Oregon Bureau of Labor and Industries found that the Kleins violated state anti-discrimination law.
The Kleins appealed to the Oregon Court of Appeals, which upheld the $135,000 order. The Kleins then appealed to the Oregon Supreme Court, arguing that the state's high court needed to "determine whether entrepreneurs in Oregon can exercise their freedoms of speech, religious exercise and conscience; and whether due process will protect them against bias and prejudgment by ideologically motivated adjudicators.''
Critics said the Kleins were asking for a "license to discriminate."
The Supreme Court on Thursday turned down the case, offering no explanation.
Bureau of Labor and Industries officials see the decision is an affirmation of the bureau's original order.
"BOLI's order ensured that no Oregonian has to face unlawful discrimination where they live, work or visit public places," spokeswoman Christine Lewis said in an emailed statement. "The bureau will continue its efforts to prohibit discrimination against any protected class and is pleased to see that the Oregon courts have upheld those efforts."
Lawyers for the Kleins said Friday they have one more avenue of appeal: the U.S. Supreme Court. They plan to appeal there and are hopeful the nation’s highest court will bring clarity to the issue.
“We believe we will be able to present very persuasive arguments that will give the court every opportunity to review this case,” said Jeremy Dys, a lawyer for First Liberty Institute, the Texas-based law firm representing the Kleins.
Based on statistics alone, the chances are slim that the U.S. Supreme Court will rule on the case: 7,000 to 8,000 cases are appealed to the court each year. The court hears about 100 to 150 of them, which amounts to about 1 or 2 percent.
But the U.S. Supreme Court hasn't clearly answered the question of whether a business owner can refuse service to a customer based on the owners’ religious beliefs under the First Amendment.
In early June, the high court ruled in favor of a Colorado baker who wouldn't sell a wedding cake to a gay couple. But legal experts said the court ruled narrowly on a specific set of circumstances -- what the court believed were biased remarks by a member of the Colorado Civil Rights Commission.
Here in Oregon, the Kleins and the Bowman-Cryers all have drawn attention and criticism over the case.
The Kleins closed their Gresham business because of the financial penalty as well as hate mail and harassment from people who don't agree with them, their lawyers said.
The Kleins also have seen enormous support. As of fall 2015, crowdfunding efforts had raised more than $500,000 for them.
A few months later, the Kleins paid the $135,000 damage award into an escrow account, pending the outcome of their appeals.
In 2016, the Bowman-Cryers said they've received thousands of Facebook messages peppered with insults because they took a stand against the Kleins.
Basic Rights Oregon, a nonprofit LGBTQ advocacy group, offered "heartfelt appreciation" to the Bowman-Cryers in a written statement Friday.
"It took a great deal of courage to file this complaint and open their family up to horrific harassment by religious extremists," said co-executive director Nancy Haque. "They have sacrificed their privacy and this case has hurt them financially."
Haque said the Oregon Supreme Court's decision not to hear the case is good news.
"The Oregon Supreme Court sent a message that denying service to someone based on who they are or who they love is wrong, and unacceptable under Oregon law," Haque said. "No one should hear the words 'we don't serve your kind here.' Businesses that are open to the public should be open to all."
-- Aimee Green