Yesterday, an Oregon judge ordered bakers involved in one of the same-sex public accommodation cases to not publish, circulate, issue, or display "any communication, notice, advertisement or sign of any kind" which indicates a service "will be refused, withheld from or denied to, or that any discrimination will be made against any person on account of sexual orientation."
http://www.oregon.gov/boli/SiteAssets/pages/press/Sweet%20Cakes%20FO.pdf (Pages 42-43) *** My thoughts: This means that the bakers cannot post a sign that says "We reserve the right to refuse service." However, that is not all. Given the bakers were also fined $135,000 for mental and emotional damages, I am sure the order would also forbid anything that could (arguably) cause emotional damage, such as: "We believe that the Oregon public accommodation law is a bad law, and we are working to get it overturned so we can select customers in accordance with our religious beliefs on sexuality." I disagree with this. The ability to argue that a law is wrong is a central part of freedom of speech (never mind freedom of religion). Most restrictions on freedom of speech until now have been cultural pressures or specific to a state function (like running a university). This is a legal mandate that a private citizen not say anything that a judge would see as making "discrimination" against people based on sexual orientation. *** To those who believe in the wisdom of public accommodation laws and the fine imposed: How can we accommodate political speech here? the ALJ's logic seems sensible if he fines them that much for emotional damages. -- Michael Worley J.D., Brigham Young University
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