Their prior appeal to the Oregon Supreme Court was rejected in June 2018.
Also in June, the Supreme Court issued a narrow ruling in favor of Colorado baker Jack Phillips, owner of the bakery Masterpiece Cakeshop, who refused to make a cake for a same-sex wedding. The court found that the Colorado Civil Rights Commission had not respected Phillips' sincerely-held religious beliefs when it ordered him to make a custom cake for a same-sex couple. Philips refuses to make custom cakes for other occasions he disagrees with, such as Halloween, bachelor parties, and divorce celebrations.
However, the narrow ruling applied only to Philips' particular case, limiting its applicability to other religious liberty cases. Philips maintained he was willing and happy to sell a cake to any customer, but was not willing to custom-design a cake for an event that would violate his conscience.
Unlike Masterpiece Cakeshop, Sweet Cakes by Melissa only made customized cakes.
The Supreme Court has one month to respond to the Klein's petition for certiorari, but they can extend this by 30 days if they need additional time. If the case were to be heard by the Supreme Court, a decision could be reached by the middle of next year.