The Truth about the Sweet Cakes Bakery Gag Order

Last updated on: July 10, 2015 at 11:05 am by Libby Anne

The Truth about the Sweet Cakes Bakery Gag Order 2015-07-10T11:05:47-04:00 Libby Anne

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

I wrote yesterday about Sweet Cakes by Melissa, the Oregon bakery ordered to pay $135,000 in damages to a lesbian couple to whom they refused service. One thing I didn’t touch on, however, was the so-called “gag order,” which was also included in the final order issued by the Bureau of Labor and Industries (BOLI). Here is how Todd Starnes wrote about it in an opinion piece for Fox News:

On Friday the state ordered owners Aaron and Melissa Klein to pay $135,000 in damages to a lesbian couple they turned away in 2013.

The state also slapped a gag order on the evangelical Christian bakers – banning them from speaking publicly about their refusal to participate in or bake wedding cakes for same-sex unions.

“This effectively strips us of all our First Amendment rights,” Mrs. Klein wrote on Facebook. “According to the state of Oregon, we neither have freedom of religion or freedom of speech.”

Later in the piece, Todd Starnes adds this:

On a side note here – I predicted that once gay marriage was legalized, LGBTQIA supporters would attempt to silence all dissent.

That is not in fact what is happening.

Contrary to Melissa Klein’s claims, the ruling is not about her freedom of speech or freedom of religion. Instead, it has to do with whether or not the Kleins can run a business that refuses service to based on sexual orientation. The Civil Rights Act of 1964 banned public accommodations (i.e. businesses) from denying service based on race, color, religion, or national origin. In Heart of Atlanta Motel v. U.S. (1964), the Supreme Court ruled that public accommodations do not have the right to select their customers free from government regulation. In recent years, a number of states have banned business from denying service based on sexual orientation.

The Kleins found themselves in legal trouble because in Oregon, it is against the law for a business to deny service to an individual based on their sexual orientation, not because they believe homosexuality is a sin.

But wait! Didn’t Starnes say there was a gag order? Isn’t telling the Kleins they can’t talk about their beliefs a violation of their freedom of speech? Isn’t that separate from the issue of denying service to same-sex couples? No, actually, because the judge did not in fact bar the Kleins from talking about their beliefs, he only barred them from advertising that their bakery will not serve gay couples. Because, as we know, refusing service based on sexual orientation is against Oregon law.

Here is the text of the order:

NOW, THEREFORE, as authorized by ORS 659A.403(4), and to further eliminate the effect of the violation of ORS 659A.403 by Respondent Aaron Klein, the Commissioner of the Bureau of Labor and Industries hereby orders Respondents Aaron Klein and Melissa Klein to cease and desist from denying the full and equal accommodations, advantages, facilities, and privileges of Sweetcakes by Melissa to any person based on that person’s sexual orientation.

NOW, THEREFORE, as authorized by ORS 659A.850(4), and to further eliminate the effect of the violations of ORS 659.A409 by Respondents Aaron Klein and Melissa Klein, the Commissioner of the Bureau of Labor and Industries hereby orders Respondents Aaron Klein and Melissa Klein to cease and desist from publishing, circulating, issuing or displaying, or causing to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind to the effect that any of the accommodations, advantages, facilities, services or privileges of a place of public accommodation will be refused, withheld from or denied to, or that any discrimination will be made against, any person on account of sexual orientation.

This is not about the Kleins’ freedom of speech. Rather, this order is akin to barring a white supremacist baker from putting a “No Blacks Allowed” sign in his store window and telling people his bakery doesn’t serve African Americans. The Kleins are free to talk about how sinful and wrong homosexuality is all they want. They are free to post on their Facebook pages about their beliefs, and to go on national media and condemn gay people. They will not be arrested or fined for doing any of these things. They are not, however, allowed to put a “we don’t sell wedding cakes to gays” sign in their store window, because such discrimination is illegal.

I understand that some people don’t think sexual orientation should be included in nondiscrimination laws, and that others don’t think the government should regulate who public businesses serve to begin with. I get that. What I don’t get is the need to lie or mislead the public about what is actually going on in this case. Rightwing media sources seem intent on scaring evangelical Christians with claims that the government is primed to go about fining and jailing people for believing that homosexuality is a sin. I have had to talk down evangelical Facebook friends from a place of intense fear. This isn’t doing anyone any good.

There is no huge “gay plan” for the suppression of dissent and the jailing of evangelical Christians. We don’t put people in jail for believing that African Americans are intellectually or culturally inferior to white Americans, or for believing that Jews control the world’s financial markets, or for believing that women are bound by God to obey their husbands. We don’t even put people in jail for arguing that slavery was a time of “racial harmony” or denying the Holocaust. The belief that homosexuality is sin may be increasingly unpopular, but it isn’t on the brink of being outlawed.

Can we please all stop being scared now?

Politics

LGBTQ

Previous Post

July 10, 2015

Anonymous Tip: In Which Three Things Happen

Next Post

July 11, 2015 Minnesota Senator Forgets Lesbians Exist

Browse Our Archives

Select a Category Atheism Evangelicalism/Fundamentalism Family Feminism Homeschool Meta Parenting Patriarchy Politics Purity Quiverfull Social Justice Uncategorized Worthwhile reads

Select a Month February 2021 January 2021 December 2020 November 2020 October 2020 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011

TAKE THE

Religious Wisdom Quiz

Which Christian season is marked by purple, penance, and preparation before Easter?

Select your answer to see how you score.

Lent Epiphany Advent Feast of All Saints