Judges in Oregon's Court of Appeals this week considered evidence of bias against Christian faith in the state's prosecution of the owners of a Christian bakery who declined to create a cake for a same-sex wedding.
The state claimed Aaron and Melissa Klein, who ran Sweet Cakes by Melissa, violated its nondiscrimination rules when they rejected a request by Laurel Bowman-Cryer and Rachel Bowman-Cryer.
One official, Brad Avakian, publicly condemned the Kleins' actions as "hate-filled" even before the dispute came before him as commissioner of the state's Bureau of Labor and Industry.
He imposed a fine of $135,000 on the couple, forcing them out of business.
While the ruling was affirmed in Oregon courts, the Supreme Court ruled last year in a similar case that Colorado officials expressed unconstitutional hostility toward Christianity in the case of Masterpiece Cakeshop baker Jack Phillips.
The Supreme Court then ordered overturning the $135,000 fine for the Kleins and sent the case back to be reconsidered in light of the Phillips decision.
The Kleins immediately filed with the Court of Appeals a brief that pointed out, "Abandoning the constitutional requirements of neutrality, tolerance, and respect, BOLI's commissioner, Brad Avakian, spoke dismissively of the Kleins' religious objections before their case even came before him."
The brief notes, "Avakian's statements about the Kleins’ religious beliefs – which he uttered before BOLI had even completed" an investigation.
"In its Masterpiece decision, the Supreme Court reminded government officials everywhere, that they must be neutral toward and respectful of the religious beliefs of its citizens," said Stephanie Taub, senior counsel to First Liberty, at the time the brief was filed. "The Oregon decision against the Kleins was polluted by the same anti-religious bias that caused the U.S. Supreme Court to rule in favor of Masterpiece Cakeshop. It's time for the Oregon courts to adhere to the Supreme Court’s precedent."
The Willamette Weekly reported the judges during this week's hearing in Oregon "discussed whether hostility toward religion was exhibited."
"Presiding Judge Erin Lagesen pointed to the fact that the BOLI prosecutor "compared the [Kleins'] religious beliefs to prejudice," which could indicate a bias, the report said.
Judge Bronson James, the paper said, "questioned the Bureau of Labor and Industries about the fact that the prosecutor in 2015 used the phrase 'hate-filled' to describe the Kleins' comments – again indicating a potential lack of neutrality in handling the case."
The Kleins contend that the state "did not act with neutrality in deciding their case," the report said.
It explained that if the Court of Appeals finds there has a lack of neutrality, or hostility, to faith, "the Sweet Cakes decision will need to be remanded to a lower court."
The judges even asked lawyers for the parties to recommend where the case should go, and a ruling is expected later.
Bureau of Labor and Industry officials insisted their decision was not biased.
Keisha Russell, council for First Liberty said of the hearing: "The government should not be in the business of deciding whose faith is or is not acceptable. Government officials must remain neutral. When government decides whose faith is or is not acceptable, it discriminates against people of faith."
Melissa Klein, in a statement released by her lawyers, said: "We welcomed and served everyone in our bakery, but we could not endorse all messages. We lost everything we loved and worked so hard to build. Our hope is that maybe someday we can, once again, reopen our bakery and serve everyone without being forced to celebrate events that conflict with our religious beliefs.?"
The state of Oregon had so opposed the Kleins' faith that the BOLI issued a gag order, limiting the Kleins' ability to talk publicly about their beliefs, First Liberty said.
That "hostility" by the state of Colorado to Masterpiece Cakeshop operator Jack Phillips was key in the Supreme Court's decision.
"The United States Supreme Court held that Phillips was 'entitled to the neutral and respectful considering of his claims in all the circumstances of the case,' free of 'hostility toward the sincere religious beliefs that motivated his objections,'" the Kleins' brief said.
It noted the Colorado Civil Rights Commission exhibited that very "hostility."
One Colorado official called Phillips' Christianity a "despicable piece of rhetoric" and likened religion to the Holocaust.
When homosexual bakers in Colorado were asked to create a cake condemning homosexuality, they refused on the grounds it was a message they couldn't support. The state supported their refusal yet required Phillips to undergo re-indoctrination because he wanted the same control over his messages.
The Oregon case drew the ire of Samaritan's Purse CEO Franklin Graham.
"[Avakian] stated that the Kleins had 'disobey[ed]' Oregon law and needed to be 'rehabilitate[d],'" Graham said.
On Facebook, Graham wrote: "This is unbelievable! ... Brad Avakian, Oregon’s Bureau of Labor & Industries Commissioner, upheld [the previous] ruling that the Kleins have to pay the lesbian couple $135,000 for a long list of alleged damages including: 'acute loss of confidence,' 'high blood pressure,' 'impaired digestion,' 'loss of appetite,' 'migraine headaches,' 'pale and sick at home after work,' 'resumption of smoking habit,' 'weight gain,' and 'worry.' Give me a break. In my opinion, this couple should pay the Kleins $135,000 for all they’ve been through!"
Graham said that even "more outrageous is that Avakian has also now ordered the Kleins to 'cease and desist' from speaking publicly about not wanting to bake cakes for same-sex weddings based on their Christian beliefs."
"This is an outright attack on their ‪#‎freedomofspeech‬. A senior attorney with The Heritage Foundation was absolutely right when he said, 'It is exactly this kind of oppressive persecution by government officials that led the pilgrims to America.'"