No. 22-204

Melissa Elaine Klein, et vir v. Oregon Bureau of Labor and Industries

Lower Court: Oregon
Docketed: 2022-09-07
Status: GVR
Type: Paid
Amici (13)Relisted (2) Experienced Counsel
Tags: civil-rights custom-art due-process employment-division employment-division-v-smith first-amendment free-speech masterpiece-cakeshop religious-freedom religious-hostility
Key Terms:
SocialSecurity FirstAmendment Privacy
Latest Conference: 2023-06-29 (distributed 2 times)
Question Presented (AI Summary)

Whether, under Masterpiece, the Oregon Court of Appeals should have entered judgment for Petitioners after finding that Respondent had demonstrated anti-religious-hostility

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioners Melissa and Aaron Klein seek review of a decision by the Oregon Court of Appeals, issued on remand from this Court for further consideration in light of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 138 S. Ct. 1719 (2018). The questions presented are: 1. Whether, under Masterpiece, the Oregon Court of Appeals should have entered judgment for Petitioners after finding that Respondent had demonstrated anti-religious hostility. 2. Whether, under Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990), strict scrutiny applies to a free exercise claim that implicates other fundamental rights; and if not, whether this Court should return to its pre-Smith jurisprudence. 3. Whether compelling an artist to create custom art for a wedding ceremony violates the Free Speech Clause of the First Amendment.

Docket Entries

2023-08-01
Judgment and mandate issued.
2023-06-30
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>303 Creative LLC</i> v. <i>Elenis</i>, 600 U. S. ___ (2023).
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2022-12-21
Reply of petitioners Melissa Elaine Klein, et al. filed. (Distributed)
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-12-15
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2022-12-07
Brief of respondent Oregon Bureau of Labor and Industries in opposition filed.
2022-11-03
Motion to extend the time to file a response is granted and the time is further extended to and including December 7, 2022.
2022-11-02
Motion to extend the time to file a response from November 7, 2022 to December 7, 2022, submitted to The Clerk.
2022-10-07
2022-10-07
2022-10-07
2022-10-07
Brief amici curiae of National Right to Work Legal Defense Foundation, et al. filed.
2022-10-07
2022-10-07
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2022-10-07
Brief amici curiae of United States Senators and Representatives filed.
2022-10-07
2022-10-06
2022-10-06
2022-10-03
2022-09-30
2022-09-30
Brief amici curiae of Masterpiece Cakeshop Customers Stephanie Luck, et al. filed.
2022-09-16
Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2022.
2022-09-14
Blanket Consent filed by Respondent, Oregon Bureau of Labor and Industries
2022-09-14
Motion to extend the time to file a response from October 7, 2022 to November 7, 2022, submitted to The Clerk.
2022-09-07
Blanket Consent filed by Petitioner, Melissa Elaine Klein, et al.
2022-09-02
2022-07-26
Application (22A73) granted by Justice Kagan extending the time to file until September 2, 2022.
2022-07-22
Application (22A73) to extend the time to file a petition for a writ of certiorari from August 3, 2022 to September 2, 2022, submitted to Justice Kagan.

Attorneys

Advancing American Freedom, Inc.
John Marc WheatAdvancing American Freedom, Inc., Amicus
John Marc WheatAdvancing American Freedom, Inc., Amicus
Alabama Center for Law and Liberty
Matthew James ClarkAlabama Center for Law and Liberty, Amicus
Matthew James ClarkAlabama Center for Law and Liberty, Amicus
America’s Future, Inc., Public Advocate of the United States, U.S. Constitutional Rights Legal Defense Fund, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
Center for Constitutional Jurisprudence
Anthony Thomas CasoConstitutional Counsel Group, Amicus
Anthony Thomas CasoConstitutional Counsel Group, Amicus
Constitutional Attorneys
John Allen EidsmoeConstitutional Attorneys, Amicus
John Allen EidsmoeConstitutional Attorneys, Amicus
Institute for Faith and Family
Deborah Dewart — Amicus
Deborah Dewart — Amicus
Liberty Justice Center
Jeffrey Michael SchwabLiberty Justice Center, Amicus
Jeffrey Michael SchwabLiberty Justice Center, Amicus
Manhattan Institute, Committee for Justice, and Cato Institute
Ilya ShapiroManhattan Institute, Amicus
Ilya ShapiroManhattan Institute, Amicus
Masterpiece Cakeshop Customers Stephanie Luck, et al.
William WagnerGreat Lakes Justice Center, Amicus
William WagnerGreat Lakes Justice Center, Amicus
Melissa Elaine Klein, et al.
R. Trent McCotterBoyden Gray & Associates PLLC, Petitioner
R. Trent McCotterBoyden Gray & Associates PLLC, Petitioner
Mountain States Legal Foundation
Erin Marie ErhardtMountain States Legal Foundation, Amicus
Erin Marie ErhardtMountain States Legal Foundation, Amicus
National Right to Work Legal Defense Foundation, Christian Legal Society, Jewish Coalition For Religious Liberty, and Coalition for Jewish Values
Bruce N. Cameronc/o National Right to Work Legal Def. Foundation, Amicus
Bruce N. Cameronc/o National Right to Work Legal Def. Foundation, Amicus
Oregon Bureau of Labor and Industries
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent
State of Oklahoma
Zachary Paul WestOklahoma Office of the Attorney General, Amicus
Zachary Paul WestOklahoma Office of the Attorney General, Amicus
United States Senators and Representatives
Jonathan Radford WhiteheadLaw Offices of Jonathan R. Whitehead, LLC, Amicus
Jonathan Radford WhiteheadLaw Offices of Jonathan R. Whitehead, LLC, Amicus