The Other Religious Freedom Supreme Court Case You May Not Have Heard About

The U.S. Supreme Court handed down a ruling last month that didn’t receive as much media attention as 303 Creative LLC v. Elenis. In that case, the Supreme Court ruled that a Colorado law that would force Christian web designer Lorie Smith to speak a message she opposed was unconstitutional.

Smith wanted to expand her business to provide wedding services, but the law would have forced her to also provide services for same-sex “weddings.” She filed a pre-enforcement challenge to protect her rights.

The case that hasn’t receive as much coverage also involved Christians.

Bakers Aaron and Melissa Klein declined to make a custom “wedding” cake for two lesbians. The Oregon Bureau of Labor and Industries (BOLI) contended that the couple discriminated against the lesbians and fined them $135,000 for “emotional” damages for allegedly quoting the Bible. The Kleins closed their business, Sweet Cakes.

The Kleins asked the Oregon Court of Appeals to protect their First and Fifth Amendment rights. After the court ruled against them, the Kleins appealed to the U.S. Supreme Court. The high court reversed the appeal court’s decision and asked it to re-examine the case in light of its decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018).

The appeals court upheld the discrimination claim but struck down the $135,000 fine on the grounds that the BOLI violated the First Amendment’s “requirement of strict neutrality toward religion” when it determined damages.

The appeals court sent the case back to the BOLI, which reimposed damages of $30,000. The Kleins appealed to the Supreme Court again.

The high court last month vacated the ruling and asked the lower court to reconsider the decision, this time in light of 303 Creative LLC.

“It’s a win when the Supreme Court vacates a bad lower court decision like it did for Aaron and Melissa today, but the case is not over,” said Kelly Shackelford, President, CEO, and Chief Counsel to First Liberty. “The Kleins have been fighting for the First Amendment for over a decade and we will stand with them no matter how long it takes to get the victory they deserve.”

Photo credit: First Liberty Institute

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