Texas Attorney General Files Brief Supporting Bakery Owners Who Refused to Serve Same-Sex Wedding

Alan Scaia
November 27, 2018 - 10:21 am
Texas Attorney General Ken Paxton

Photo by Kirk Irwin/Getty Images for SiriusXM


DALLAS (KRLD) - The Texas attorney general has joined ten other states, asking the U.S. Supreme Court to consider a case in Oregon where bakery owners refused to bake a wedding cake for a same-sex couple.

In 2013, the owners refused to bake a cake for a couple saying the wedding was in opposition to their religious belief that marriage is a union between a man and woman. The Oregon Bureau of Labor and Industries fined the owners $135,000.

The decision was upheld by the Oregon Court of Criminal Appeals last year. The Bureau of Labor and Industries fined the couple, saying their refusal to participate broke the state's public accommodations law that bans discrimination based on sexual orientation or gender identity.

Texas Attorney General Ken Paxton has now filed a brief with ten other state attorneys general, asking the Supreme Court to take the case.

“Aaron and Melissa Klein should be allowed to choose what they will or will not create without fear of being unjustly threatened or pressured by the government,” Paxton wrote in a statement. “Taking up the Oregon conscience rights case will give the Supreme Court a chance to affirm that the First Amendment contains robust protections for people to live in accordance with their religious beliefs.”

Paxton had previously filed a brief in a similar case out of Colorado. His office says the Supreme Court supported the bakery there, but the ruling did not address "broader free speech issues" dealing with whether businesses can refuse to create items or participate in certain events.

Alabama, Arkansas, Arizona, Louisiana, Nebraska, Nevada, Oklahoma, South Carolina, Utah and West Virginia are the other states listed on the request for a ruling from the Supreme Court.