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Klein v. Oregon Bureau of Labor and Industries

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
22-204 Or. Ct. App. TBD TBD TBD TBD TBD

Issues: (1) Whether, under Masterpiece Cakeshop v. Colorado Civil Rights Commission, 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 v. Smith, 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; and (3) whether compelling an artist to create custom art for a wedding ceremony violates the free speech clause of the First Amendment.

DateProceedings and Orders (key to color coding)
Jul 22 2022Application (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.
Jul 26 2022Application (22A73) granted by Justice Kagan extending the time to file until September 2, 2022.
Sep 02 2022Petition for a writ of certiorari filed. (Response due October 7, 2022)
Sep 07 2022Blanket Consent filed by Petitioner, Melissa Elaine Klein, et al.
Sep 14 2022Motion to extend the time to file a response from October 7, 2022 to November 7, 2022, submitted to The Clerk.
Sep 14 2022Blanket Consent filed by Respondent, Oregon Bureau of Labor and Industries
Sep 16 2022Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2022.
Sep 30 2022Brief amici curiae of Masterpiece Cakeshop Customers Stephanie Luck, et al. filed.
Sep 30 2022Brief amici curiae of Manhattan Institute, Committee for Justice, et al. filed.
Oct 03 2022Amicus brief of Institute for Faith and Family submitted.