Did Ore. baker break the law when he denied service to same-sex couple?
GRESHAM, Ore. -- A Gresham baker is the subject of a state investigation after he refused to make a wedding cake for a same-sex couple.
Did Sweet Cakes owner Aaron Klein violate the law when he told the couple that he couldn’t sell them a cake because “they were abominations to the Lord?”
That’s what Oregon Attorney General's civil enforcement officers are looking into after one of the brides-to-be filed a complaint on Jan. 28.
The woman who filed the complaint said she had previously bought a cake from Sweet Cakes for her mother’s wedding. It was fine. But when her partner went back for their wedding cake on Jan. 17, the owner refused.
Klein on Friday denied making the harsh statement, but admitted to a KATU reporter on camera that he did deny her service.
“I apologized for wasting their time and said we don’t do same-sex marriages,” he said. I “honestly did not mean to hurt anybody, didn’t mean to make anybody upset, (it’s) just something I believe in very strongly.”
But beliefs aren’t enough to cover him under state law. The Oregon Equality Act of 2007 prohibits discrimination against people based on their sexual orientation and gender identity. The statute includes public accommodations, such as businesses.
Klein emphasized the importance of his religious beliefs, saying it outweighs his bottom line and the state law.
“If I have to be to, I guess, be penalized for my beliefs, then I guess, well, that’ll be what it is,” he said.
The question now: whether his constitutional rights outweigh state statute.
“My First Amendment rights allow me to practice my religion as I see it,” Klein said.
We asked Portland attorney Paula Barran whether this case falls under the 2007 statute. She said it did, but added that she did not know how the owner’s religious beliefs would factor in.
“Statutes don’t get to overcome constitutional protections, so if somebody had a religious-based reason for wanting not to trade with somebody, I think you have a really interesting test case for whether or not a statute like this can apply,” Barran said.
There is no exception under the state's anti-discrimination law for religious beliefs. Ultimately, the case would be up for a judge to decide.
The woman who filed the complaint declined to comment to KATU until she receives further legal advice.
Its clear what is going on-Aaron is miserable. He's getting fat, his wife is already fat-they own a bakery in washington that makes so-so food...needed a target-so they targeted gays-and now these fat slobs will pay-so sad
"The question now: whether his constitutional rights outweigh state statute."
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In any other context, this wouldn't be a question.
I completely disagree with his stance; however, what happened to the right to refuse service to anyone? It's a private business.
 @jellyfish The problem is that Oregon has a lot of discrimination problems. It has a history of Sundown Towns, housing discrimination in Beaverton. Even Intel has some concerns. If you are not white and you want to do local business in Sweet Home, many have been denied. The Justice Department has investigate Oregon Police for racial profiling. The problem is jellyfish is that too many middle aged white guys in Oregon are whining about their rights when the state has done a good job of taking other peoples rights away from them. It is what is hurting the state getting new job opportunities but many are in denial about it.
I found this on the Oregon.gov web site: Discrimination in Real Property Transactions State discrimination law also prohibits a person from refusing to sell, lease, or rent any real property because of an individual´s race, color, sex (including pregnancy), sexual orientation, national origin, religion, marital status, familial status, physical or mental disability, or source of income. So, he did break the Oregon state law. How sad that he cannot choose to refuse business to someone. I would have been happy to bake them a cake and again, I don't agree with him, but how much of our freedoms should we have to surrender?
@jellyfish So many people confuse their beliefs with rights. They are not the same. He has the right to freedom of religion and to believe as he sees fit. However he is not allowed to push those beliefs upon others. That being said, baking a cake for a gay couple isn't an infringement upon any of his rights as it does not prohibit the practice of his religion. He has is laboring under a serious delusion if he thinks the his involvement in their relationship extends to anything beyond the customer - client relationship, a relationship that does not involve religion.
doesnt matter-dumdum-state law says no to that bigotry-you really think its ok for a jew to be refused service by a christian?
@AnonymousPerson @jellyfish he was to bake a cake, that is all. He has no involvement in anything other than this.
 @DeadRabitz  @jellyfish Who defines religion and what is required to practice it.  He believes a moral wrong (a sin) is being committed and doesn't want to participate.
 @jellyfish That is property, and rental. Not selling goods. We can refuse to sell to whom we want, It only hurts ourselves.
absolutely right! do tehse idots really think its legal to not sell to blacks if you think they dont have souls? come on guys-these laws have been around for DECADES!
@Lisa W @jellyfish No, not under the law. You can say that you won't sell product X to everyone but you can not say the you will not sell product X to this group or that group. That is discrimination and it is illegal.
Like I said earlier in this blog the big question is now: whether his constitutional rights outweigh Oregon state statute. Per Portland attorney Paula Barran in this article (âStatutes donât get to overcome constitutional protections, so if somebody had a religious-based reason for wanting not to trade with somebody, I think you have a really interesting test case for whether or not a statute like this can apply,â Barran said.) I really would like to see the outcome that comes from this. I am and many others that I know are very proud of this fellow Christian for standing up for his beliefs. There are lots of people in Washington and Oregon who will be glad to help this bakery stay in business I am one of those people. Next time I'm in Portland, I will go out of my way to patronize this heroic American's business establishment.  I believe that this is going to fall under the U.S. District Court's ruling in the Stormans case.
@Hotrod the problem with your idea is that he , nor his bakery are religious institutions. He would be hard pressed to establish how his beliefs were affected by baking a cake, no matter who or what it is for. If you go back and read the stroman s case, it wasn't about discrimination. This one is. The pharmacists were not selling plan b due to religious concerns however they didn't discriminate about who the refused to sell it to.
 @DeadRabitz If it supports something against his personal beliefs, he has a right to not do that business.
Lisa, come on-youre not that dumb, are you?
@justcause @Lisa W Are you talking to me (DeadRabitz)?
 @Lisa W Under the law, no he doesn't.  He can not refuse service to distinct groups.  That is discrimination and is unlawful.
@DeadRabitz per Portland attorney Paula Barran "I think you have a really interesting test case for whether or not a statute like this can apply" so their is a chance that bakery can win this battle and help other business that are forced into this position. This bakery has lots of support.
 @Lisa W I have read the LAW.  In fact its 659A.006 under the revised code of Oregon.  It states in section 2 "The opportunity to obtain employment or housing or to use and enjoy places of public accommodation without unlawful discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or disability hereby is recognized as and declared to be a civil right."
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Hey, look there it says housing. Â Oh and look, it says sexual orientation. Â
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So yes, rental property is covered...just like when the baker refuses service because they are gay. Â
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He is using his religion as cover for bad behavior. Â Real people of faith should be appalled. Â
 @DeadRabitz Read the law again. Property rental is NOT the same as providing services.
@Hotrod and now it will have lots of anti- support. His beliefs didn't need to enter in to equation. Same as I can not tell gay people they can not rent my property.
While I dont' think it is a smart business decision, he should have the right to sell to whom he pleases. There are plenty of bakeries, and wedding cake makers that don't care, so I say let him have his way, and now that people know he won't serve gays, his business will suffer the consequences of his actions.  Â
dave, try thinking-how about a gas station refuses to sell to blacks-only gas station for 100 miles-that ok? see? feel dumb huh?
If I were the judge, I would give him a choice. Bake them a cake or lose his business license.
Sometimes, as a business, you just need to STFU and serve your customers. This couple oughta move their bakery to Utah where they'd fit in wonderfully.
@skepticaloptimist in the end all he had to do was bake the cake, collect money and be done.
This Bigot broke the a state law and needs to pay!
@Crack3r Crack3r, You throw the Bigot term around a lot in this comment section. It looks like you are the Bigot on this comment site. Anybody who disagrees with you becomes a bigot. Grow up!!! There are lots of people in Washington and Oregon who disagree with you and will be glad to help this bakery stay in business. I am for traditional marriage and this person stood up for what he believes in.  I am, and many others that I know are, very proud of this fellow Christian for standing up for his beliefs.
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@Eduardo Capistrano @Crack3r Business are operated in accordance with LAWS, the operators beliefs are immaterial as long as they follow the law.
 @Eduardo Capistrano  @Crack3r First, what an eloquent comment, but let's break this down as it really is and not through the eyes of a tool shall we? This individual broke the laws set to prevent discrimination. He discriminated against the couple because of gender. He felt one of them was the wrong sex. You can't do that. Next, he discriminated against them based on religion. He doesn't share their beliefs and felt that made it ok to discriminate. It isn't. Last, he discriminated against them based on their sexual orientation. You can't do that either. All of that is against the law. You can't deny someone employment based on those criteria. You can't deny someone housing based on that criteria. It's against the law to do so. So because of this nit wit's actions, I sincerely hope he gets sued for everything he has.
 @what? well put What...
Please boycott this bakers shop by liking this pageÂ
https://www.facebook.com/BoycottSweetCakesByMelissa
WOW! Cannot believe that this is so news worthy... As for the cake maker, kudos for standing behind what you believe in. I for one will send everyone I know to shop at your shop and I am certain that this will only help your shop as the media has made certain that everyone know who and where you are. Â It amazes me that the the media is quick to put your name all over the airwaves but not the girl that is crucifying you... Always one sided. Looking forward to making a road trip up to buy a cake.
free choice-unfortuantely you only have three friends and two of them hate you so doesnt matter what you do...
 @Free choice He broke the law and you're behind him? Wow. It's against the law to discriminate based on sexual orientation and or religion and you're going to support this tool? Sure says a lot about your character. Or more specifically, lack there of.
https://www.facebook.com/BoycottSweetCakesByMelissa?fref=ts
someone already did it.
I'm starting a facebook boycott against his business LETS PUT THIS BIGOT OUT OF BUSINESS!
 @Crack3r So if someone does not believe the way you do, YOU choose to try and inflict harm????? Such a nice person you are. Makes me want to be more like you.
You are the true BIGOT and a hater.Â
 @Free choice  @Crack3r Not at all. This tool broke the law. You can't discriminate based on religion, gender, or sexual orientation. He did, and deserves all the fallout for his actions. I sincerely hope that he gets sued over it and looses that business.
 @Free choice No i am not a bigot like you are for the love of gods please look up the word bigotry.
I do not agree with it, but I have seen both sides of the coin. If the gay population want to use the 1st amendment to push there agenda, then it is only right that someone that does not have the same beliefs can use use there rights as they see fit. This kind of of media is only being shown to to cause contention. The couple have countless shops that they can go to get their cake made. It is no different then different religious views or political belief's. My side is the true side and yours is the evil side. This person did not beat them or abuse them he just did not agree with them and it was his shop.
@Free choice "My side is the true side" ?  Spoken like a true christian bigot
 @Free choice First off, learn to spell. Next, invest in a dictionary as you are not using some of those words appropriately. Last, try to put your 'I think homosexuality is icky' mentality aside and join the real world.
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This isn't a free speech issue in any way, this is about a store who discriminated against some repeat customers of his after he found out they were gay. They'd bought from him in the past but when they came in together, he sent them packing because he didn't want to serve to gay people. hen when the cameras show up, he decides to say that it was a difference of religion. That HIS religion doesn't support GLBT individuals. So let's break this down. He discriminated against them by his own admission based on religion. They apparently don't share his religious views so he refused service. That's not just wrong but illegal. Next, he discriminated against them based on gender. He obviously feels that one of them is the wrong gender, and because of that he felt it was ok to refuse service. It isn't. Last, he discriminated against them based on their sexual orientation. Again, it isn't ok to refuse employment or housing based on sexual orientation so refusing service is also illegal. Based on all that, I hope that this idi0t baker ends up sued and looses that business of his as well as every penny he has.
all these bigots here, you people are really sickening (Oregon has a law that prohibits discrimination against people based on their sexual orientation,) he broke the law he has no right to impose his religious beliefs on others & he has no right to discriminate based on his horrid  backwards, anti-scientific thought and outdated morality based on Fictitious characters from the Iron Age views. people don't have a choice as to what they are attracted to, we are all born that way & we are also all born Atheist no one is ever born believing in a god or gods.
 @Crack3r So one is forced to do what they do not believe in and they are a bigot?? Really?? I am not agains gays, I am against those that FORCE their believes thou. Go buy a cake somewhere else!Â
 @Free choice oh you are against gays make no mistake about that! you are a total bigot! look up that word for god sake
@Free choice @Crack3r "I choose not to make an ass out of myself"
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That time has long since passed, don't you think?
 @Crack3r Really... I am against gays.... You have no idea what my sexual preferences are! I choose not to make an ass out of myself and force my personal sexual preferences on those around me...Â
 @Free choice please look up the word Bigotry & get back to me.
 @Crack3r The 1st amendment is not just for the liberals it is for all. It is his shop he can do what he wants. This couple can go to another baker for christ sake!
 @Free choice  @Crack3r I'm not going to look up OR law, but in WA, refer to RCW 49.60.030 Freedom from discrimination â Declaration of civil rights. "(f) The right to engage in commerce free from any discriminatory boycotts or blacklists. Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons...in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, honorably discharged veteran or military status, sexual orientation, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or national origin or lawful business relationship..."
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Let's see how fast people would side with this guy had he refused to serve a veteran.
nope-wrong and stupid...
@Free choice @Crack3r @VoltronLions The people turned away have a great lawsuit and I hope they take that baker for every penny he has. He had no right to turn them away based on religious or sexual orientation reasons. The customers didn't ask for an obscene cake. Say he turned these customers away because they were jewish or black, that'd be wrong too wouldn't it? Discrimination is not ok and I really don't care how you feel you can justify it because you don't feel that gay people are as human as you are. They are no less of a person. They are no more different than anyone else in this world is. They are people, more so, they are in this country and are protected by the same rights granted to everyone else. That means they have every right to buy a wedding cake from costco, safeway, or even this tool of a baker. Being gay doesn't mean that they can be turned away.
 @Free choice  @VoltronLions  @Crack3r It's a valid point. You just don't agree with it. You cannot discriminate against someone based on their sexual orientation or religious beliefs. I know that VoltronLions used some big words there. Try reading the comment again with the help of a grown up and please ask them to explain what those big words mean and how important that everyone is treated equally and has equal access to public services and businesses.
 @Crack3r  @VoltronLions Really!!!! Black or interracial.... It is his BAKERY you asses. You and not one else has the right to control this persons business decisions. It is not your damn store. I find your views offensive so does that give me the right to sue you????
 @VoltronLions  @Crack3r Really VoltronLions!!!!!! All I said was that the vetrans fought for YOURS and my freedom. And I am sure as hell certain it has nothing to do with a cake! Go get your cake made by a bakery like costco or anyone else... The baker in mention refused the sale for a personal cake, So if he refused to bake a cake of a penis or a vagina would he now be sexist? I am certain the baker would of sold this person some coffee or a premade cake... Again it is a freaking cake.. Leave it to the media and the homosexual biased persons to crucify someone that does not believe like them. Sad.Â
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 @Free choice really free! what are you talking about? who's putting who's life on the line here?Â
 @VoltronLions  @Free choice good point man! or lets see how fast people would react to his refusing service to a black or interracial couple?
 @Free choice  @Crack3r Did your post even make sense? As far as I know, the same guy who put their life on the line may even be a...wait for it...homosexual. Boom, there it is.
 @VoltronLions  @Crack3r Really, you are going to use someone that has put there life on the line and in harms way for YOU to have the freedom to do what ever you want in the same category as someone that has a sexual preference.... Pull you head out of you A- -!
 @Free choice no he can't do what hew wants! there is a damned law that prohibits him from discrimination! who the hell is talking about liberals? your ignorance is astounding.
nope, you dont-belief in invisible beings doesnt give you rights to not serve others in public sophere-sorry bigot!
no, dummy-law states no refusal of service in a puiblic business based on gender, race, religion and sexual orientation-now quit lying-you look retarded
 @what? There was NO WITNESS he said that. It was one pissed off customer's words against his. He refused to sell. he said why. End of story. You cannot claim rights and strip others of the same. You CANNOT MAKE PEOPLE Interact with what they feel is wrong. No one beat them, insulted them. They just refused to support a gay marriage. The Bible says it is an abomination. Not the christian. They believe in God's word.Â
You have freedoms to do what you want, We have freedoms to stick to our faith. End of story.
LOLÂ What would a 'Female' same sex couple ever want to order a cake shaped like a penis for???????
 @Free choice  @Crack3r  @Eduardo Capistrano "But beliefs arenât enough to cover him under state law. The Oregon Equality Act of 2007 prohibits discrimination against people based on their sexual orientation and gender identity. The statute includes public accommodations, such as businesses."
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So yes, he violated state law by sending the couple off after saying they were an "they were abominations to the Lord". Now let's be clear about something, the couple never asked for "a cake shaped like a penis". It was never even an issue. Nice of you to slander individuals with your own personal agenda.
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The couple that he discriminated against had been customers of his in the past. It was when they came in as a couple that he discriminated against them.Â
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"I don't see why the big deal." Really? How would you feel if you walked into a business with whatever love interest you have and were refused service because they didn't like who you were with? What if you were going for a coffee, and the person at the coffee stand discovered you believed in a religion different to theirs and told you to go away? I know that answer, you'd lawyer up and cry to the media about how your rights have been trampled. You'd be crying anywhere you could find an audience. And you'd be right to do so. It doesn't matter if you 'like' the people that were discriminated against in this story. It doesn't matter if you like the baker or agree with his obnoxious views. What matters here is that the two repeat customers were illegally discriminated against based on their sexual orientation and their differing religious views. No one's saying you have to like homosexuality. You can decide that for yourself. you do not, nor does anyone else for that matter have the right to discriminate against individuals based on their religion or sexuality.
 @Eduardo Capistrano  @Free choice he still broke the law case closed!
 @Crack3r  @Free choice You better read the U.S. District Court ruling on Stormans. You will find that the baker acted within his legal rights.