Hot cases to watch part 3
Posted: 7/12/13
Here are some prominent cases where Christians are being sued for not supporting same sex marriage.
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
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
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
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
- 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: 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
VERMONT:
Vermont Bed and breakfast
- Couple fined for expressing religious beliefs to lesbian couple. This is a complicated case involving miscommunication. done for now
OREGON:
Sweet Cakes by Melissa
- 01/??/13: Bakers refuse to make cake for same sex wedding. ref
- 09/01/13: Sweet Cakes by Melissa closes ref
- 01/17/14: The Bureau of Labor and Industries 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 the Oregon Bureau of Labor and Industries 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: Bureau of Labor and Industries 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 Bureau of Labor and Industries 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 appeal. 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
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
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: 1/29/19
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