August 2016

The Constitution Doesn't Allow Businesses to Discriminate

by Mat dos Santos, Legal Director

August 29, 2016 - No one should be turned away from a business just because of who they are. When Sweet Cakes co-owner Aaron Klein refused to make a wedding cake for a lesbian couple, he broke Oregon anti-discrimination laws. Discrimination is degrading, and harms not only the individual or targeted group, but society as a whole. Our state has a long-standing tradition of protecting people from businesses that discriminate because Oregonians value fairness and equality.

sign that reads open for business open for all;

And let’s be real, selling a wedding cake doesn’t mean a business owner is endorsing a marriage, or agreeing with everything the customer believes. It simply means they are providing services to the public, and that their business is open to everyone on the same terms. For many of us, this is just the Golden Rule — treating others as we would like to be treated — but, it is also required by law in Oregon and elsewhere.

The Kleins have argued that they should be able to discriminate against same-sex couples and, presumably, anyone else their personal religion disfavors. They say that some of our most fundamental freedoms, the freedoms of speech and religion, give them a license to discriminate.

Freedom of religion and freedom of speech are fundamental rights protected by the Oregon and federal constitutions. But those freedoms don’t allow any of us to harm others.

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