Gresham Bakery That Refused Gay Couple Loses Again On Appeal

GRESHAM, OR — An Oregon Court of Appeals ruling regarding a bakery that refused to serve a same-sex couple contained some deja vu but also a twist.

Sweetcakes by Melissa did discriminate against a gay couple when it refused to make them a wedding cake, the justices ruled.

However, the court tossed a $135,000 fine that had been levied against the bakery. The court ruled that it could be reasoned the Oregon Bureau of Labor Industries, which imposed the fine, had shown bias against the bakery. That part of the case was sent back to the bureau for re-examination.

"BOLI's handling of the damages portion of the case does not reflect the neutrality of toward religion required," the court ruled. "We therefore set aside the damages."

The case has been wending through the courts for almost nine years.

In 2013, Rachel and Laurel Bowman-Cryer decided to marry after nearly a decade — and two children — together. Rachel had gone with her mother to a bridal show in Portland and came across Melissa Klein and her Sweetcakes by Melissa booth.

Since Rachel's mom had her cake made by Sweetcakes — and liked it a lot — they made an appointment for a cake tasting. Since Melissa and her husband and partner, Aaron, have infant twins, Melissa had Aaron handle the appointment.

When Rachel and Cheryl showed up, Aaron asked for the name of the "bride and groom."

Rachel said that it was two brides — her and Laurel.

Aaron said he was sorry but he and Melissa believe that their religion condemns homosexuality. As a result, they couldn't bake the cake.

The next day, when Cheryl returned to argue on behalf of her daughter, Aaron quoted Leviticus where it says that homosexuality is "an abomination."

When Cheryl relayed the story to her daughter and Laurel, she said that Klein had referred to them as abominations.

Laurel ended up filing a complaint with BOLI which, two years later, ruled that there had been discrimination and imposed the fine. In 2017, the Oregon Court of Appeals upheld the decision.

The next year, the U.S. Supreme Court ruled that a Colorado baker who had also refused to make a cake for a gay couple had been discriminated against by the state. In that ruling, the justices ordered the Oregon Court of Appeals to revisit the Sweetcakes by Melissa case.

In looking at the case again in the light of the Supreme Court ruling that a defendant's religion cannot be used as a factor in the fine, the Oregon judges decided that BOLI had "at least subtly" done just that.

The Kleins have since moved Sweetcakes by Melissa to Montana.