Court upholds $135,000 fine against US bakery that refused to make gay wedding cake
The judges involved in the ruling insisted that the baking of a wedding cake can't be considered 'speech, art or other expression"
By Joshua Haigh
An appeals court has upheld a $135,000 fine against a bakery who refused to make a wedding cake for a gay couple.
The Oregon Court of Appeals upheld an administrative law judge’s ruling that Melissa and Aaron Klein, owners of Sweet Cakes by Melissa, violated a public accommodations law that bans discrimination on the basis of sexual orientation.
Despite the definitive ruling, attourney’s for the Kleins are thought to be considering other options for further appeal.
The firm representing the business owners said they were frustrated by the ruling, saying: “Freedom of expression for ourselves should require freedom of expression for others.
“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.”
The judges involved in the ruling insisted that the baking of a wedding cake can’t be considered “speech, art or other expression” that would be protected under the First Amendment.
The court explained that if they allowed the Kleins to be exempt based on their religious views, then it could open a can of worms for other businesses to discrimate against different races or faiths.
“The Kleins seek an exemption based on their sincere religious opposition to same-sex marriage; but those with sincere religious objections to marriage between people of different races, ethnicities or faiths could just as readily demand the same exemption,” explained the court in a statement.
The bakery has remained closed ever since the ruling was first made back in 2016.