Texas AG Backs Bakers Declining Same-Sex Wedding Cake Order

AUSTIN, TEXAS — As he often does on issues matching his party's political ideology — even when involving litigation far from Texas — Republican Attorney General Ken Paxton this week urged the U.S. Supreme Court to hear a case involving religious Oregon bakers who refused to make a cake for a same-sex marriage ceremony.

Leading an 11-state coalition siding with the pair of bakers, Paxton on Monday filed a friend-of-the-court brief with the U.S. Supreme Court, asking it to review the case involving "...their constitutionally-protected conscience rights," Paxton wrote.

Paxton contends the state of Oregon forced Aaron and Melissa Klein to shut down their business, Sweet Cakes by Melissa, after they declined an order to create a cake for a 2013 same-sex marriage ceremony "...because of their deeply held religious belief that marriage is the union of one man and one woman," Paxton wrote in a press advisory.

The Oregon Bureau of Labor and Industries ordered the Kleins to pay $135,000 in compensatory damages for violating the state’s public accommodations law, Paxton noted.. The couple has filed a petition asking the Supreme Court to overturn the state of Oregon’s ruling.

“Aaron and Melissa Klein should be allowed to choose what they will or will not create without fear of being unjustly threatened or pressured by the government,” Paxton wrote. “Taking up the Oregon conscience rights case will give the Supreme Court a chance to affirm that the First Amendment contains robust protections for people to live in accordance with their religious beliefs.”

This isn't the first time Paxton has insinuated himself in a case from another state on similar fronts with religious undertones. Previously, he led a group of 20 states involving a Colorado baker who also declined to create a wedding cake for a same-sex marriage. In June, the U.S. Supreme Court ruled in favor of Masterpiece Cakeshop, "...but did not address broader free speech issues of whether wedding vendors and other businesses can legally decline to create certain types of art or participate in certain events," Paxton conveyed.

And last year, in leading another multistate coalition, Paxton filed a friend-of-the-court brief with the U.S. Supreme Court defending the First Amendment rights of Washington state florist Barronelle Stutzman. Citing religious beliefs, the owner of Arlene’s Flowers declined to create a floral design for a same-sex wedding, and was fined as a result. Earlier this year, in light of its Masterpiece Cakeshop decision, the high court vacated the Washington state Supreme Court ruling against Stutzman and ordered it to review the case again.

Formally known as an amicus brief, a friend-of-the-court missive is a legal doument filed in appellate court cases by non-litigants with a strong interest in the subject matter. Such briefs advise the court of relevant, additional information or arguments that the court might wish to consider.

To view the U.S. Supreme Court brief related to the Oregon bakers, click here.

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