No. 18-547
Melissa Elaine Klein, et vir v. Oregon Bureau of Labor and Industries
Amici (10)Relisted (13)
Tags: commercial-art compelled-speech employment-division-v-smith expressive-conduct first-amendment free-exercise free-speech hybrid-rights public-accommodations religious-liberty
Key Terms:
FirstAmendment
FirstAmendment
Latest Conference:
2019-06-13
(distributed 13 times)
Question Presented (from Petition)
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).
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.
Question Presented (AI Summary)
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
Docket Entries
2019-07-19
MANDATE ISSUED.
2019-07-19
JUDGMENT ISSUED.
2019-06-17
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 584 U. S. ____ (2018).
2019-06-10
DISTRIBUTED for Conference of 6/13/2019.
2019-06-03
DISTRIBUTED for Conference of 6/6/2019.
2019-05-28
DISTRIBUTED for Conference of 5/30/2019.
2019-05-20
DISTRIBUTED for Conference of 5/23/2019.
2019-05-13
DISTRIBUTED for Conference of 5/16/2019.
2019-05-06
DISTRIBUTED for Conference of 5/9/2019.
2019-04-22
DISTRIBUTED for Conference of 4/26/2019.
2019-04-15
DISTRIBUTED for Conference of 4/18/2019.
2019-04-08
DISTRIBUTED for Conference of 4/12/2019.
2019-03-25
DISTRIBUTED for Conference of 3/29/2019.
2019-03-21
Rescheduled.
2019-03-18
DISTRIBUTED for Conference of 3/22/2019.
2019-03-14
Rescheduled.
2019-03-11
DISTRIBUTED for Conference of 3/15/2019.
2019-02-28
Rescheduled.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-02-11
Reply of petitioners Melissa Elaine Klein, et vir filed. (Distributed)
2019-01-25
Brief of respondent Oregon Bureau of Labor and Industries in opposition filed.
2018-12-20
Motion to extend the time to file a response is granted and the time is further extended to and including January 25, 2019.
2018-12-14
Motion to extend the time to file a response from December 26, 2018 to January 25, 2019, submitted to The Clerk.
2018-11-26
Brief amicus curiae of Foundation for Moral Law filed.
2018-11-26
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2018-11-26
Brief amicus curiae of Thomas More Society filed.
2018-11-26
Brief amici curiae of The States of Texas, et al. filed.
2018-11-26
Brief amici curiae of The Cato Institute, et al. filed.
2018-11-26
Brief amici curiae of Public Advocate of the United States, et al. filed.
2018-11-26
Brief amici curiae of Billy Graham Evangelistic Association, et. al filed.
2018-11-21
Brief amicus curiae of Southeastern Legal Foundation filed.
2018-11-21
Brief amicus curiae of Pacific Legal Foundation filed.
2018-11-16
Motion to extend the time to file a response is granted and the time is extended to and including December 26, 2018.
2018-11-15
Motion to extend the time to file a response from November 26, 2018 to December 26, 2018, submitted to The Clerk.
2018-11-14
Brief amicus curiae of Institute for Faith and Family filed.
2018-11-08
Blanket Consent filed by Petitioners, Melissa Elaine Klein, et vir.
2018-10-31
Blanket Consent filed by Respondent, Oregon Bureau of Labor and Industries.
2018-10-19
Petition for a writ of certiorari filed. (Response due November 26, 2018)
2018-09-12
Application (18A246) granted by The Chief Justice extending the time to file until October 19, 2018.
2018-09-06
Application (18A246) to extend the time to file a petition for a writ of certiorari from September 19, 2018 to October 19, 2018, submitted to The Chief Justice.
Attorneys
Billy Graham Evangelistic Association, et. al
Frederick W. Claybrook Jr. — Claybrook, LLC, Amicus
Center for Constitutional Jurisprudence
Foundation for Moral Law
John Allen Eidsmoe — Foundation for Moral Law, Amicus
Institute for Faith and Family
Deborah Dewart — Amicus
Melissa Elaine Klein, et vir
Adam Rabun Gustafson — Boyden Gray & Associates PLLC, Petitioner
Oregon Bureau of Labor and Industries
Benjamin Noah Gutman — Oregon Department of Justice, Respondent
Pacific Legal Foundation
Wencong Fa — Pacific Legal Foundation, Amicus
Public Advocate of the United States, Conservative Legal Defense and Education Fund, One Nation Under God Foundation, and Restoring Liberty Action Committee
William Jeffrey Olson — William J. Olson, P.C., Amicus
Southeastern Legal Foundation
THE CATO INSTITUTE AND COMMITTEE FOR JUSTICE
Ilya Shapiro — Cato Institute, Amicus
THE STATES OF TEXAS, ALABAMA, ARKANSAS, ARIZONA, LOUISIANA, NEBRASKA, NEVADA, OKLAHOMA, SOUTH CAROLINA, UTAH, AND WEST VIRGINIA
Thomas More Society