Sorry, Slate: Oregon Did Put a ‘Gag Order’ on Those Christian Bakers

Opinionhead.com ^ | Hans von Spakovsky

[Faith Presses On]

On Thursday, The Daily Signal published an article about Oregon Bureau of Labor and Industries (BOLI) Commissioner Brad Avakian ordering Aaron and Melissa Klein, Christian bakers who had refused to make a wedding cake for a lesbian couple, to pay the couple $135,000 for “emotional” damages and issuing a gag order against the Kleins.

On Monday, Slate published an article criticizing The Daily Signal’s coverage headlined “No, Oregon Did Not ‘Gag’ That Anti-Gay Bakery.” While that’s a great, provocative headline, Slate’s headline is simply not true.

(snip)

Slate’s Mark Joseph Stern writes:

Rather than fine the Kleins further, [Oregon Labor Commissioner Brad] Avakian wrote that the couple must ’cease and desist’ stating that Sweet Cakes would continue to turn away gay couples. As individuals, the Kleins may declare that Oregon’s anti-discrimination law should not protect gay couples. But when speaking publicly about the future of their own business, they must not opine that they will maintain a policy of anti-gay discrimination.

But here’s what Stern overlooks: Commissioner Avakian recites in detail the statements the Kleins made that he is upset about and that his agency claims violate Oregon law. What led to his “cease and desist” order is the key to understanding why it’s accurately called a gag order that prevents the Kleins from speaking about their faith and their intent to “stay strong” and fight this harassment by the Oregon state government.

For example, on page 23 and 24 of Avakian’s Order, his agency claims that the following statements in an interview on the Christian Broadcasting Network on Sept. 2, 2013 violate Oregon law:

A. Klein: “I didn’t want to be a part of her marriage, which I think is wrong.” M. Klein: “I am who I am and I want to live my life the way I want to live my life and, you know, I choose to serve God.” A. Klein: “It’s one of those things where you never want to see something you’ve put so much work into go belly up, but on the other hand, I have faith in the Lord and he’s taken care of us up to this point and I’m sure he will in the future.”

(snip)

[atomic_dog]

That’s my question. As an agency head he can likely impose the fine but not the gag order.

My question is how does this square with the 5th Amendment that staes in part "... nor be deprived of life, liberty, or property, without due process of law ..." My wife says there is something else going on here that is not revealed so can anyone enlighten me?

[Salvation]

If you would like more information about what's happening in Oregon, please FReepmail me.

I lost my Oregon list when my computer crashed last year, so please send me your name by FReepmail if you want to be on this list.

[sargon]

This is blatant fascism occurring in America. Where formal law doesn't exist to destroy enemies of the runaway leftist state (Christians), the powers that be use the corrupt bureaucracy to intimidate and financially ruin those who would dare resist.

This $135K "fine" is totally disproportionate to the "offense" committed, is Tyrannical on its face, and the fact that the "victims" would go along with the financial destruction of someone who is only following their religious convictions is shameful, un-American, and absolutely Orwellian.

[Faith Presses On]

If he can impose the fine for certain speech or actions, then he can also say that if they repeat certain speech or actions again, they can be penalized again. Basically, because they are business owners, they can say homosexuality is wrong away from their business, but not when in any way connected with it. They put up a sign on the business at some point saying they should be able to follw God and have religious freedom but that was also a “violation,” the story said.

[Pollster1]

I read the entire ruling, and I am disgusted. The victims in this lawsuit clearly did not discriminate against these lesbian predators based on their sexual orientation. They accommodated them in baking a wedding cake for a heterosexual wedding that the lesbians purchased from them before the complaint. The Kleins demonstrated a willingness to serve lesbians; their only refusal was to bake a custom wedding cake expressing the absurd and unchristian position that a lesbian wedding was in some way real. The refusal is clearly tied to the content of the expression demanded of them, not to the sexual orientation of the so-called customers.

The Commissioner’s ruling is shockingly evil and completely inconsistent with the facts. I hope Avakian and his family will be shunned until his professional position and the entire Bureau of Labor and Industries are eliminated. Someone who abuses public power and uses government force to trample the God-given right to the free exercise of religion is beyond the pale and not deserving of the consideration normally given to human beings simply because they are human.

[Bob434]

[[and find it troubling that he’s leading on the matter,]]

You and me both- ALL the conservatives should be proclaiming the damage the illegal immigrants are doing- it’s sad that a democrat ‘turned republican’ (Donald) is the only one stating anything about it, and worse yet, He’s being attacked by those who should be supporting him on this issue

[[(and how do the poorest of people pay thousands to get smuggled in?), ]]

Good point!

Not to mention the massive government effort to make it illegal to ‘profile’ Hispanics so that police can’t even do their jobs and arrest known illegal immigrants-

Something is really rotten in Denmark!

[Bob434]

[[I hope Avakian and his family will be shunned until his professional position and the entire Bureau of Labor and Industries are eliminated.]]

He should be immediately kicked out of office- Can you imagine what would happen if a republican man had issued a gag order on a gay person or couple? The MSM would be screaming bloody hell, and demanding he step down immediately! Yet because the violation of constitutional rights/attack was against Christians- the MSM is silent! They secretly applaud the act no doubt

[Bob434]

[[Basically, because they are business owners, they can say homosexuality is wrong away from their business, but not when in any way connected with it]]

When did it become illegal to speak in your own business about certain subjects?

A Godless business has the right to proclaim Christianity a false religion and even to malign it in most any way possible, but a Christian business, or Christian owned can’t express their religious views? The ACLU would be jumping all over Christian IF Christians tried to prevent an atheist or satanic business or whether from proclaiming their beliefs in THEIR businesses

[Jeff Chandler]

I’m surprised it wasn’t a ball gag order.

[RichInOC]

With actual...oh, never mind.

[kaehurowing]

>>this guy is not a judge when did politicians get the power to levy fines and gag orders...<<

The good thing about that is at the end of this, he may end up personally liable for violating the Kleins’ civil rights. If he were a judge, he would be entitled to immunity.

[rdcbn]

The reality is that this case never really went to a formal court for litigation.

The case was heard by an Administrative Law Judge which is a very different thing.

This is a serious abuse of the Administrative Law process.

[tbw2]

Does this gag order also shut down the fundraising page on Franklin Graham’s site, among other fundraisers for persecuted Christians?

[tbw2]

In the book “By the People”, the author describes the whole travesty of the civil law system. You’re tried on violations of regulations set by the agency, by a judge of the agency, appeal to a judge of the agency, and if it gets to the regular courts, they defer to the agency under the belief that the agency knows best.
And to top it all off, they use a lower standard of guilt, the 50.01% standard, instead of beyond a reasonable doubt.