KLEIN v. OREGON BUR. OF LABOR AND INDUS.

A159899.

410 P.3d 1051 (2017)

289 Or. App. 507

Melissa Elaine KLEIN, dba Sweetcakes by Melissa; and Aaron Wayne Klein, dba Sweetcakes by Melissa, and, in the alternative, individually as an aider and abettor under ORS 659A.406, Petitioners, v. OREGON BUREAU OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Oregon.

December 28, 2017.


Attorney(s) appearing for the Case

Adam R.F. Gustafson , Washington, D.C., argued the cause for petitioners. With him on the briefs were Tyler Smith , Anna Harmon , and Tyler Smith & Associates; Herbert G. Grey ; C. Boyden Gray , Derek S. Lyons , and Boyden Gray & Associates, Washington DC; and Matthew J. Kacsmaryk , Kenneth A. Klukowski , Cleve W. Doty , and First Liberty Institute, Texas.

Carson Whitehead , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Leigh A. Salmon , Assistant Attorney General.

Stefan C. Johnson and Lambda Legal Defense and Education Fund, Inc., California, filed the brief amicus curiae for Rachel Bowman-Cryer , Laurel Bowman-Cryer , and Lambda Legal Defense and Education Fund, Inc.

Peter Meza and Hogan Lovells U.S. LLP, Colorado; Jessica L. Ellsworth , Laura A. Szarmach , and Hogan Lovells U.S. LLP, Washington, DC; Nicole E. Schiavo and Hogan Lovells U.S. LLP, New York; and Seth M. Marnin , Michelle N. Deutchman , David L. Barkley , Anti-Defamation League, New York, filed the brief amicus curiae for Anti-Defamation League, Bend the Arc: A Jewish Partnership for Justice, Hindu American Foundation, Interfaith Alliance Foundation, Hadassah: The Women's Zionist Organization of America, Inc., Keshet, Metropolitan Community Churches, Global Justice Institute, More Light Presbyterians, People for the American Way Foundation, African American Ministers Leadership Council, The National Council of Jewish Women, T'ruah: The Rabbinic Call for Human Rights, Union for Reform Judaism, Religious Action Center, Women of Reform Judaism, Central Conference of American Rabbis, and Women's League for Conservative Judaism.

P. K. Runkles-Pearson , Alexander M. Naito , and Miller Nash Graham & Dunn LLP; Mathew W. dos Santos , Kelly K. Simon , and ACLU of Oregon, Inc.; Jennifer J. Middleton and Johnson Johnson & Schaller PC, filed the brief amicus curiae for ACLU Foundation of Oregon, Inc.

Julia E. Markley , Courtney R. Peck , and Perkins Coie LLP; Richard B. Katskee , Carmen Green , and Americans United for Separation of Church and State, filed the brief amicus curiae for Americans United for Separation of Church and State.

Before DeVore, Presiding Judge, and Garrett, Judge, and James, Judge.


Melissa and Aaron Klein, the owners of a bakery doing business as Sweetcakes by Melissa (Sweetcakes), seek judicial review of a final order of the Bureau of Labor and Industries (BOLI) finding that the Kleins' refusal to provide a wedding cake to the complainants, a same-sex couple, violated ORS 659A.403, which prohibits a place of public...

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