The “Sweetcakes” Case: The “Victims” Profited While the “Oppressors” Suffered

On January 29, 2013, a few hours after he had been informed of a “discrimination” complaint filed against his bakery by a lesbian couple whose business he had declined, Aaron Klein posted the full text of that complaint — which included personal information about the complainants — to his Facebook page.

In a terse note to his audience of 17 Facebook “friends,” Klein commented that “this is what happens when you tell gay people you won’t do their `wedding cake.'” A few hours later, that post was taken down — but not before it had been noted by media figures on both sides of the culture war divide. (Final Order, page 12, lines 14-17) Portland-based conservative talk radio personality Lars Larson contacted Rachel Cryer to request an interview on February 1, but that invitation was turned town. (Final Order, page 13, 6-11).

Rachel and her companion, Laurel Bowman, were concerned about the possibility that the controversy might result in their foster children being taken from them. In subsequent testimony admitted that “they had been instructed that it was their responsibility to make sure that the girls’ information was protected and that the state would `have to redress placement’ of the girls with Complainants if any information was released concerning the girls.” (Emphasis added.) (Final Order, page 14, lines 1-4).

When Laurel filled out the original complaint, she wasn’t aware that this information would be included in that public document, or that it would be provided to the target of the complaint. Given the nature of the case, and the public nature of the document, media coverage was inevitable, whether or not the Kleins had decided to bring attention to the matter.

A little more than a week after the complaint was filed, Paul Thompson, the attorney representing the lesbian couple, sent a letter from the couple to numerous media outlets — including several local radio and television stations, several local newspapers, and the Wall Street Journal — describing the publicity as a benefit:

“We are grateful for the outpouring of support we have received from friends, family, members of the LGBT community, and our allies. We are especially thankful that LGBT-supportive companies have graciously offered their services to make our special day perfect. At this time, the support of the community and other well-wishers is all we require. We ask that individuals and companies that want to provide support direct their donations in our name to Pride Northwest, our pride organization in Portland, Oregon. They have accepted our request to direct donations and gifts to further awareness of issues affecting the LGBT community, including marriage equality and families.” (Final Order, page 15, lines 1-7).

In addition to using the case as a fund-raiser for their preferred political cause, the couple enjoyed an unexpected personal windfall: “We have decided to accept the gracious offer from Mr. Duff Goldman of Charm City Cakes and the TV show `Ace of Cakes’” to make their wedding cake. The couple had already contracted with Pastry Girl, which offered to make a cake at less than half the price quoted by the Kleins. In addition, Charm City donated “a Bride’s cake for us in place of the traditional Groom’s cake. We are grateful to both bakeries for being a part of making our wedding date incredibly special.” (Ibid, lines 8-11)

While Rachel and Melissa were being inundated with goodwill and offers of both financial and material help, the Kleins were targeted “by an organized protest outside [their] bakery” put together through a Facebook “BoycottSweetCakesByMelissa.”Although they weren’t involved in that protest — which was a perfectly legitimate use of market mechanisms — Rachel and Lauren “made comments on Boycott’s Facebook page in which they indirectly identified themselves as the persons who sought the wedding cake and thanked people for their support.” (Final Order, pg., lines 15 17-25, pg. 16 lines 1-2.)

After the complaint was redirected from the Oregon Department of Justice to the Bureau of Labor and Industry, Rachel and Lauren filed lengthy depositions insisting that Aaron Klein’s austere and short-lived Facebook post about their initial complaint had exacerbated the emotional distress inflicted on them when the baker declined an offer to sell them an overpriced wedding cake. That claim was accepted by the BOLI (which, it should be understood, is not a judicial body), and was cited in an order requiring the Kleins to refrain from further social media commentary about what has been done to them.

The supposed “doxxing” of the lesbian couple is now being described by the “social justice” industry as the “real reason” for the $135,000 civil penalty inflicted on the Kleins. As documented elsewhere, that fine was imposed solely and exclusively as punishment for “denial of service.” As demonstrated by the citations above, the couple “doxxed” themselves — and profited significantly as a result. But according to the surrealistic logic of “social justice,” they remain victims nonetheless.

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12:19 am on July 11, 2015