Judge proposes Oregon bakery pay $135,000 to lesbian couple

The former brick and mortar Sweetcakes by Melissa bakery.

The former brick and mortar Sweetcakes by Melissa bakery.

Sweet-Cakes

PORTLAND, Ore. — An administrative law judge proposed Friday that the owners of a suburban Portland bakery pay $135,000 to a lesbian couple who were refused service more than two years ago.

The judge, Alan McCullough, ruled in January that Sweet Cakes by Melissa discriminated against Laurel and Rachel Bowman-Cryer by refusing to bake them a wedding cake. The bakers cited their religious beliefs in a case that has been cited in the national debate over religious freedom and discrimination against gays.

Friday’s proposed order, which runs 110 pages, dealt with the award for emotional suffering. The judge awarded $75,000 to Rachel Bowman-Cryer and $60,000 to her wife.

The sides will review the proposal and have the opportunity to file exceptions before Oregon Labor Commissioner Brad Avakian issues a final order.

A 2007 Oregon law protects the rights of gays, lesbians, bisexual and transgender people in employment, housing and public accommodations. It provides an exemption for religious organizations but does not allow private businesses to discriminate based on sexual orientation.

Avakian’s office said in a statement Friday that the facts “clearly demonstrate” that the Kleins unlawfully discriminated against the women.

Bakery owners Aaron and Melissa Klein closed their Gresham store in 2013 and operate their business from home. One of their attorneys, Anna Harmon, criticized the order, noting that same-sex marriage was not legal in Oregon at the time of the cake request.

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“This is a shocking result which shows the state’s relentless campaign to punish Oregonians who live and work according to their faith,” Harmon said.

“Aaron and Melissa have worked hard for what they have,” she added. “They are living on the fruits of American entrepreneurship. Now the State of Oregon, through an administrative agency, has ordered that all they worked for should be taken away simply because they declined to participate in an event which violated their religious beliefs.”

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