DAILYKENN.com -- You can be as gay as you want to be.
However, creating a special protected class for homosexuals via government force is an affront to the libertarian ideals upon which our free nation was founded.
Donald Trump, Paul Ryan, and Mitch McConnell should move immediately to break up the 9th circuit court.
From kcci.com ▼
An appellate court Thursday upheld a penalty against Oregon bakery owners who refused to make a cake for a same-sex wedding almost five years ago.
The owners of the since-closed Gresham bakery — Aaron and Melissa Klein — argued that state Labor Commissioner Brad Avakian violated state and federal laws by forcing them to pay emotional-distress damages of $135,000 to the lesbian couple.
Their lawyers said Avakian and the state Bureau of Labor and Industries violated the Kleins' rights as artists to free speech, their rights to religious freedom and their rights as defendants to a due process.
But the Oregon Court of Appeals sided with the state Thursday, saying the Kleins failed to show the state targeted them for their religious beliefs. The judges also found public statements made by Avakian before deciding the case did not establish a lack of impartiality.
"Today's ruling sends a strong signal that Oregon remains open to all," Avakian said in a statement after the 62-page opinion was released Thursday. Adam Gustafson, the attorney who argued the Kleins' appeal, did not immediately return a phone message.
The decision comes weeks after the U.S. Supreme Court heard arguments in the high-profile case of a Colorado baker who refused to make a wedding cake for a same-sex couple.
That baker, Jack Phillips, claims his First Amendment claims of artistic freedom were being violated — a similar issue raised by the Kleins.
The Oregon court said the Kleins' argument that their cakes entail an artistic expression is "entitled to be taken seriously," but it's not enough for the couple to assert their cakes are pieces of art — they must show others perceive their creations like a sculpture or painting.
"Although we accept that the Kleins imbue each wedding cake with their own aesthetic choices, they have made no showing that other people will necessarily experience any wedding cake that the Kleins create predominantly as 'expression' rather than as food," the opinion says.
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