Whether Oregon violated the Free Speech and Free Exercise Clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual, in violation of their sincerely held religious beliefs

QUESTIONS PRESENTED Melissa and Aaron Klein owned a bakery, which they operated in accord with their religious convictions. They designed and created custom cakes—only custom cakes. And they did so without regard to the sexual orientation of their customers, including the complainants in this case, who had commissioned a wedding cake from the Kleins for a traditional wedding just two years before setting this litigation in motion. What the Kleins could not do in good conscience was to design and create a custom wedding cake to celebrate a wedding ceremony that contravened their religious belief that marriage is the union of one man and one woman. When the Kleins declined to contribute their art to a same-sex wedding ritual, the Oregon Bureau of Labor and Industries (“BOLI”) found that they had violated Oregon’s public accommodations law. BOLI ordered the Kleins to pay the complainants $135,000 in damages. Sweetcakes by Melissa went out of business. The Oregon Court of Appeals affirmed BOLI’s order, rejecting the Kleins’ constitutional defenses. The Oregon Supreme Court denied review. The questions presented are: 1. Whether Oregon violated the Free Speech and Free Exercise Clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual, in violation of their sincerely held religious beliefs. 2. Whether the Court’ should overrule Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990). ii 3. Whether the Court should reaffirm Smith’s hybrid rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolving the circuit split over the doctrine’s precedential status.