Hot cases to watch part 3
Posted: 7/12/13
Prominent cases where Christians are being sued
for not supporting same sex marriage
Currently being Litigated
OREGON:
Sweet Cakes by Melissa
- 01/??/13: Bakers refuse to make custom cake celebrating a same sex wedding. ref
- 09/01/13: Sweet Cakes by Melissa closes ref
- 01/17/14: The Bureau of Labor and Industries (BOLI) said Friday that the bakery discriminated against the homosexual couple by refusing to participate in their same sex wedding. ref
- 01/29/15: Administrative law judge for BOLI, Alan McCullough, rules that Aaron and Melissa Klein discriminated against a same sex couple. There will be a hearing on March 10 to determine the fines of up to $150,000 The ruling may be appealed to the Oregon Court of Appeals. ref, pdf
- 04/24/15: BOLI proposes bakers personally pay Lesbian couple $135,000. ref (includes link to proposed ruling)
- 07/02/15: Oregon Labor Commissioner Brad Avakian upholds preliminary recommendation by BOLI and orders the former bakers to pay $135,000 in damages. An appeal is likely to the Oregon Court of Appeals. ref, pdf
- 07/14/15: Oregon Labor Commissioner Brad Avakian denies request for stay of collections while appeal goes through. ref
- 07/24/15: Oregon Labor Commissioner Brad Avakian again denies request for stay of collections while appeal goes through. ref
- 12/28/15: Bakers pay fine plus interest as they await on an appeal to the Oregon Court of Appeals. ref
- 02/23/16: First Liberty announces their representation of the Kleins. They are replacing ADF. ref
- 04/25/16: First Liberty files a brief with the Oregon Court of Appeals stating that the ruling against them violates the Oregon and U.S. constitutions. Oral Arguments expected later this year. ref
- 11/08/16: Oregon Labor Commissioner Brad Avakian voted out of office. ref
- 03/02/17: Oregon Court of Appeals hears oral arguments. ref
- 12/28/17: Oregon Court of Appeals three judge panel rules the Kleins must pay $135,000 for refusing to bake a cake for a same sex wedding. This will likely be appealed to the Oregon Supreme Court. ref, pdf
- 03/02/18: Amended petition to Oregon Supreme Court to hear appeal (the first one was sent 3/1/18). pdf
- 06/21/18: Oregon Supreme Court declines to hear case. First Liberty will appeal to the U.S. Supreme Court. ref
- 10/22/18: First Liberty files petition for writ of certiorari to U.S. Supreme Court to reverse the State of Oregon's decision to not hear case. ref, pdf
- 06/17/19: The U.S. Supreme Court sends the case back to the lower courts and orders them to review the case again in light of the Masterpiece Cakeshop v. Colorado Civil Rights Commission ruling on 6/4/18. ref
- 08/08/19: First Liberty Institute and Boyden Gray & Associates files a brief with the Oregon Court of Appeals to request a ruling to vacate BOLI’s Order and direct BOLI to enter final judgment for Melissa and Aaron Klein. ref, pdf
- 01/09/20: Oregon Court of Appeals heard oral arguments regarding whether the couple was unfairly penalized for declining to make a custom same-sex wedding cake for a customer. ref
- 01/26/22: The Oregon Court of Appeals admits states that Oregon Bureau of Labor and Industries (BOLI) acted with bias against the bakers' religion, however they sent the case back to BOLI to render further judgement. The Kleins plan to appeal the decision to the Oregon Supreme Court next. ref
- 05/05/22: Oregon Supreme Court denies review pdf. In early June, First Liberty announces it will appeal case to the U.S. Supreme Court.
- 07/12/22: BOLI imposes a fine totaling $30,000 on the Kleins claiming the Kleins did it due to the sexual orientation of the plaintiffs. ref
- 09/02/22: First Liberty petitions U.S. Supreme Court to hear the case. pdf
- 06/30/23: U.S. Supreme Court vacates lower court's ruling against the Kleins ref
COLORADO:
Phillip's Masterpiece Cakeshop,
alt Autumn Scardina vs. Masterpiece Cakeshop and Jack Phillips
- 06/05/19: Scardina files separate litigation claim against Jack Phillips in what he calls text book LGBT discrimination after Colorado Civil Rights Commission dropped the case on 3/5/19. ref
- 07/22/19: Attorney for Jack Phillips files a petition with the District Court of Denver County to have the case dismissed. pdf
- 04/09/20: Colorado District Court hears oral arguments on whether to dismiss the case against Jack Phillips. ref1, ref2, ref3
- 03/04/21: Colorado District Court dismisses plaintiff's deceptive trade practice that claim that Jack Phillips advertised he would sell cakes to LGBT individuals with no intent to sell to said individuals. The court left intact the claim that Autumn Scardina was denied a cake due to his protected status. pdf
- 03/22/21: Colorado District Court hears virtual oral arguments from Jack Phillips and family on whether his business discriminated against Autumn Scardina on the basis of his sexual identity. ref
- 06/15/21: Colorado District Court rules that Jack Phillips violated Colorado's Anti Discrimination Act when he declined to make a custom cake that celebrated a gender transition. ref
- 08/02/21: ADF files appeal to the Colorado Court of Appeals. pdf
- 11/18/21: ADF submits opening brief to the Colorado Court of Appeals. ref
- 02/11/22: ADF submits reply brief to the Colorado Court of Appeals. pdf
- 10/04/22: Colorado Court of Appeals hears oral arguments. ref, watch here or on youtube. In general oral arguments for the Colorado Court of Appeals can be viewed here.
- 01/26/23: Colorado Court of Appeals rules Jack Phillips discriminated against Autumn Scardina. ref ADF says they will appeal.
CALIFORNIA:
Cathy Miller Department Of Fair Employment And Housing V. Cathy’s Creations, Inc.
- 08/26/17 Two women enter Cathy Miller's Cakeshop and request a wedding cake for a same-sex wedding. Cathy declines as it is against her religion. She offers the couple any other items in her shop. ref
- 10/18/17 The same sex couple files a complaint with the California Department of Fair Employment and Housing (DFEH). ref
- 12/13/17 DFEH files for a temporary restraining order against Cathy Miller to force her to create wedding cakes in violation of her religious beliefs. ref
- 02/05/18 Kern County Superior Court Judge David Lampe denies DFEH request for a restraining order against Cathy Miller. ref
- ??/??/18 DFEH files petition arguing that they have the right under California’s anti-discrimination law, Unruh Civil Rights Act, to continue their investigations into Cathy Miller, and her husband who is also an employee at her shop. ref
- 09/05/18 Miller's defense team, Freedom of Conscience Defense Fund, files a motion to enforce the court's original ruling. ref
- 06/22/20 Trial date scheduled by Superior Court Judge David Lampe. ref
- 07/25/22 Date set by Judge Eric Bradshaw for a jury to deliberate over disputed facts in the case. ref1, ref2. A ruling is expected within 90 days after closing arguments.
- 10/21/22 California Superior Court Judge Eric Bradshaw rules that DFEH is prohibited from compelling Cathy Miller to violate the 1st Amendment by forcing her to support something which she does not agree. ref, pdf
Finished cases
KENTUCKY: Hands On Originals Hands On Originals v. Lexington-Fayette Urban County Human Rights Commission
- 04/28/12: Aaron Baker files complaint with Kentucky Human Rights Commission (HRC) stating he was unfairly discriminated against by Blaine Adamson, the owner of a print shop, Hands on Originals, based on the sexual orientation of the GLSO members.
- 11/13/12: HRC rules that the owners discriminated against Aaron Baker based on his sexual orientation or gender identity.
- 04/27/15: Kentucky State Judge James Ishmael rules that Blaine Adamson may refuse print orders that violate his religious convictions.
- 12/13/16: Kentucky Court of Appeals hears oral arguments in the appeal of State Judge James Ishmael's ruling. ref
- 05/12/17: Kentucky Court of Appeals rules 2-1 in favor of Blaine Adamson, owner of Hands on Originals. ref, pdf
- 11/??/17: Kentucky Supreme Court agrees to hear appeal. ref
- 08/23/19: Date that Kentucky Supreme Court is scheduled to hear oral arguments. ref, video
- 10/30/19: Kentucky Supreme Court rules in favor of Blaine Adamson stating that the plaintiff, GLSO, lacked standing. ref done for now ref
NEW MEXICO:
Elane photography Elane Photography v. Willock
- 07/12/13: Rasmussen: 85% of American's believe photographer has a right to turn down same sex wedding job. 8% disagree. more details here
- 11/09/13: ADF files petition for certiorari at the Supreme Court of the United States, asking for a reverse of the New Mexico court's decision. ref
- 04/07/14: The U.S. Supreme Court declines to hear the case letting the lower court ruling against Elane Photography stand. ref done for now
WASHINGTON:
Arlene's Flowers Robert Ingersoll and curt Freed V. Arlene's Flowers, Inc., Et Al.
- 04/09/13: Washington AG files lawsuit against Barronelle Stutzman. ref
- 05/14/13: Barronelle Stutzman of Arlene's Flowers sues Washington Attorney General ref
- 02/18/15: State judge rules Barronelle Stutzman must provide full support for weddings that are against her faith. ADF says they will appeal. ref
pdf fact sheet
- 03/02/16: Washington State Supreme Court agrees to hear case. ref
- 11/15/16: Washington State Supreme Court hears case. ref (has video of hearing)
- 02/16/17: Washington State Supreme Court rules against Barronelle Stutzman. ref
- 07/14/17: ADF lawyer Kristen Waggoner on behalf of Barronelle Stutzman petitions the US Supreme Court to hear an appeal. ref, pdf
- 11/09/17: Reply brief sent to U.S. Supreme Court to stay Washington State Supreme Court ruling or to hear appeal. pdf
- 06/25/18: Supreme Court asks Washington Supreme Court to rehear case against Barronelle Stutzman in light of the the recent ruling in favor of Jack Phillips. ref
- 06/06/19: Washington State Supreme Court reasserts that it did not discriminate against Barronelle Stutzman. pdf ruling, ref
- 09/11/19: ADF files appeal to U.S. Supreme Court. ref, pdf
- 07/02/21: The Supreme Court declines to hear appeal. ref done for now
COLORADO:
Phillip's Masterpiece Cakeshop Masterpiece Cakeshop v. Colorado Civil Rights Commission- 12/06/13: Colorado Administrative Law Court judge (ALJ) Robert N. Spencer rules that Masterpiece Cakeshop discriminated against a homosexual couple by not making a cake for them because they were homosexual. Jack Phillips is ordered to make the cakes that they refused to make before, which he will not do because it is against his religion. ref
- 01/06/14: ADF files an appeal to the Colorado Civil Rights Commission. ref
- 05/30/14: Colorado Civil Rights Commission orders Phillip's Masterpiece Cakeshop to make cakes for same sex wedding. ref, youtube response by attorney Nicolle Martin representing Jack Phillips.
- 04/03/15: Currently Jack Phillips is appealing to the Colorado Court of Appeals. He has filed a brief, the other side has responded, and Phillips has responded to their response. ref
- 07/07/15: Oral arguments are heard before the Colorado Court of Appeals. ref
- 08/13/15: Colorado Court of Appeals affirms Colorado Civil Rights Commission's as well as the earlier ALJ's ruling. ref, pdf
- 10/23/15: Petition filed before the Colorado Supreme Court to overturn the charges against Jack Phillips. pdf, ref
- 04/25/16: Colorado Supreme Court declines to hear appeal of ruling against Jack Phillips. ref, ref2
- 07/22/16: ADF petitions U.S. Supreme court to hear case. ref, pdf
- 07/26/17: U.S. Supreme Court agrees to hear case. ref
- 08/31/17: ADF files brief opening brief at the U.S. Supreme Court. ref, pdf
- 12/05/17: Oral arguments heard before the U.S. Supreme Court. ref
- 06/04/18: In a 7-2 vote the U.S. Supreme Court narrowly rules that the Colorado Civil Rights Commission decision against Jack Phillips violated his free exercise rights. ref, pdf done for now
COLORADO:
Phillip's Masterpiece Cakeshop Masterpiece Cakeshop v. Elenis- 6/26/17: Autumn Scardina, an attorney, asks Jack Phillips to create a cake celebrating a gender transition which Jack Phillips declined to do. ref
- 6/28/18: Colorado Civil Rights Division rules against Jack Phillips stating that Jack Phillips declined to create a custom cake for the attorney because of his gender status. They quote the recent U.S. Supreme Court ruling in favor of Jack Phillips:
- 8/14/18: Jack Phillips with ADF files a lawsuit with the U.S. District Court for the District of Colorado against the Colorado Civil Rights Commission and the governor of Colorado pdf.
- 1/04/19: Senior District Judge Wiley Y. Daniel for the District of Colorado denies the state's motion to dismiss the lawsuit against the Governor and the Colorado Civil Rights Commission. ref, pdf
- 3/05/19: Colorado Civil Rights Commission drops case against Jack Phillips. Jack Phillips then drops case against Colorado Civil Rights Commission and Colorado governor. ref done for now
VERMONT:
Vermont Bed and breakfast
- Couple fined for expressing religious beliefs to lesbian couple. This is a complicated case involving miscommunication. done for now
Free to Believe a
Family Research Council website that is easy to navigate. It chronicles Christians in the U.S. that are attacked by the government for their faith.
Note: not updated since 2015.
Articles
Definitions
- writ of certiorari A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The U.S. Supreme Court uses certiorari to select most of the cases it hears. ref
- Plaintiff a person who brings a case against another in a court of law.
NOTE: Since this is a "hot cases" post I will try to expand this post until they are resolved one way or another.
Last Updated: 8/13/23
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