Klein v. Oregon Bureau of Labor and Industries
Petition for certiorari granted, judgment vacated, and case remanded to the Court of Appeals of Oregon for further consideration in light of 303 Creative LLC v. Elenis on June 30, 2023.
Issue
(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.
Recommended Citation: Klein v. Oregon Bureau of Labor and Industries, SCOTUSblog, https://www.scotusblog.com/cases/klein-v-oregon-bureau-of-labor-and-industries-2/