Skip to content

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.

Docket No. Op. Below Argument Opinion Vote Author Term
22-204 Or. Ct. App. N/A N/A N/A N/A OT 2022

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/22/2022Application (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.
07/26/2022Application (22A73) granted by Justice Kagan extending the time to file until September 2, 2022.
09/02/2022Petition for a writ of certiorari filed. (Response due October 7, 2022)
09/07/2022Blanket Consent filed by Petitioner, Melissa Elaine Klein, et al.
09/14/2022Motion to extend the time to file a response from October 7, 2022 to November 7, 2022, submitted to The Clerk.
09/14/2022Blanket Consent filed by Respondent, Oregon Bureau of Labor and Industries
09/16/2022Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2022.
09/30/2022Brief amici curiae of Masterpiece Cakeshop Customers Stephanie Luck, et al. filed.
09/30/2022Brief amici curiae of Manhattan Institute, et al. filed.
10/03/2022Brief amicus curiae of Institute for Faith and Family filed.
10/06/2022Brief amicus curiae of Liberty Justice Center filed.
10/06/2022Brief amici curiae of Constitutional Attorneys filed.
10/07/2022Brief amicus curiae of Mountain States Legal Foundation filed.
10/07/2022Brief amici curiae of United States Senators and Representatives filed.
10/07/2022Brief amicus curiae of Center for Constitutional Jurisprudence filed.
10/07/2022Brief amici curiae of America’s Future, Inc., et al. filed.
10/07/2022Brief amicus curiae of Alabama Center for Law and Liberty filed.
10/07/2022Brief amici curiae of National Right to Work Legal Defense Foundation, et al. filed.
10/07/2022Brief amici curiae of Oklahoma, et al. filed.
10/07/2022Amicus brief of Advancing American Freedom, Inc. not accepted for filing. (Corrected version submitted)(October 12, 2022)
10/07/2022Brief amicus curiae of Advancing American Freedom, Inc. filed.
11/02/2022Motion to extend the time to file a response from November 7, 2022 to December 7, 2022, submitted to The Clerk.
11/03/2022Motion to extend the time to file a response is granted and the time is further extended to and including December 7, 2022.
12/07/2022Brief of respondent Oregon Bureau of Labor and Industries in opposition filed.
12/15/2022Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
12/21/2022DISTRIBUTED for Conference of 1/6/2023.
12/21/2022Reply of petitioners Melissa Elaine Klein, et al. filed. (Distributed)
06/29/2023DISTRIBUTED for Conference of 6/29/2023.
06/30/2023Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of 303 Creative LLC v. Elenis, 600 U. S. ___ (2023).
08/01/2023Judgment and mandate issued.