Did a baker break the law when he denied service to same-sex couple?
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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.
All I have stirred up is the truth and you don't believe in the truth and facts. So there is nothing I can do do to help you. Sorry. Fargon
Just by saying things like "Oh boy, where have you been or no hope no faith" doesn't address the zero evidence of any God. Also, just because a person works hard at something, makes money at something, doesn't make it okay to be a bigoted ignorant person trying to impose your brain activity on others. If there was a God, would he not see all people as his flock and reach out with love to all? Of course he would make the cake. He is loving and caring not bigoted right? I wish some people would try to understand that if you were brought up in another country with the teachings of Islam, then that would be your religion. Since you would not be exposed to Chritianity, you would say Islam is the only one. You just happen to live in a country of people who are programmed by Christianity, so your a Christian. I am a good person. Better than some. Worse than some. I try to treat others with respect. I don't lie steal or cheat, no criminal record. According to your thinking, I will go to hell before any other person who has murdered or raped or robbed, because if they are Christians they are forgiven and I am not. Really? I mean really? Does that make any logical sense? Of course not. If there is a God and there is no evidence of that, a person will be judged on their actions through out life, taking into consideration that some of us have had all of the doors opened for them and some don't even have doors. We on this earth are programmed by our birth and living environment and that's who we are.. Please use critical thinking. Fargon
Try to consider that others have a right to their opinions. There is plenty of evidence of our heavenly Father and He does reach out in love, mercy and grace, but as with a parent raising a child there is disicpline and sometimes "no" is needed. I will not argue with you, I am sorry you can't see it. There are many people from other nations turning to God. Once you live a life devoted to Him, you know He is the one and only, but until you have faith and believe you won't be able to see it. The world is wonderful with covering it up. I am sorry you have so little to do that you would rather try to stir up drama but you are the only one missing out. I serve and live for an amazing, loving, powerful, almighty God and I am not ashamed. One day EVERY knee WILL bow. I will see you then! Take care and may you find a relationship with the one who created you!
As the owner of a PRIVATE small business, He should have the right to refuse business if he chooses.... what if he couldn't do the design they wanted? Would there be a mess like this over it? Not likely. I am happy that he is willing to take a stand, you have to stand for what you believe in. He worked hard and put his hard earned money into the business, it should be his decision.
No facts eh? I'm not being direspectful, but there is no evidence at all. None. We all need to be critical thinkers basing our decisions on facts, not myths from thousands of years ago. Fargon
 @Fargon wow no hope and faith?
I am glad people stand up for themselves. Great going.Â
Please name one fact that says there is some kind of higher power. Just one. Fargon
 @Fargon Oh boy where have you been?
Really? Any owner has the right to refuse bisness from anyone they want, the owner should of said that not about religion but what ever. I would refuse to, as for being a christian, who doesnt say that they are? everyone says they are christian even those who prefere the same sex. And this world was founded on the belief on God. Look at our money and the laws, they for the most part are the 10 commandments.
Once again, religion IS the problem. If there was a God, he would not be a bigoted rascist ignorant God. We don't need people like this in our country. Fargon
 @Fargon I don't think religion Is the problem, look at the guy he's one-step away from coming out.Â
Aaron Klein is right. God's laws supersede man's laws. The woman knew Aaron was a Christian because she had already done business with him. She intentionally returned to his store to attack his religion. That is the real crime here. The government has no problem importing goods made in sweat shops overseas, but they love to over-regulate and hinder small businessmen in America. They are turning America into a dictating third world country. Â
 @J D only in wacko land
It's a real shame that we have to tolerate instruction on how to run our private businesses from a government which provides repeated evidence of incompetance.