California baker who refused to make a wedding cake for same-sex couple for religious reasons IS allowed to turn away customers because it is 'artistic expression', judge rules
- Cathy Miller, the owner of Tastries Bakery in Bakersfield, refused to make a wedding cake for a same-sex couple last year
- Miller's lawyers had argued that making the cakes violated her Christian beliefs and free religious expression
- Superior Court Judge David Lampe ruled in favor of the baker on Monday
- Judge ruled that the act of making cakes was 'artistic expression' and did not violate California anti-discrimination laws
- Eileen and Mireya Rodriquez-Del Rio, who married in October, filed a complaint with the state after Miller declined to make their wedding cake
A California judge has sided with a baker who refused to make a cake for a same-sex couple's wedding because of her religious beliefs.
Cathy Miller, the owner of Tastries Bakery in Bakersfield, made headlines last year when she turned away a Lesbian couple who wanted her to make their wedding cake.
Miller's lawyers had argued that making the cakes violated her Christian beliefs and free religious expression.
Superior Court Judge David Lampe ruled in favor of the baker on Monday, saying the act of making cakes was 'artistic expression' and did not violate California anti-discrimination laws.
Cathy Miller, the owner of Tastries Bakery in Bakersfield, California, made headlines last year when she turned away a Lesbian couple who wanted her to make their wedding cake
'A wedding cake is not just a cake in a free speech analysis,' the judge wrote in his eight-page ruling.
'It is an artistic expression by the person making it that is to be used traditionally as a centerpiece in the celebration of a marriage. There could not be a greater form of expressive conduct.'
The case was initiated when same-sex couple Eileen and Mireya Rodriquez-Del Rio complained to the California's Department of Fair Employment and Housing after they tried to buy a cake from Miller's bakery for their wedding in October.
The state ruled in the couple's favor arguing that the First Amendment did not apply because the couple had not asked for any words or messages on the cake. They issued an order to force Miller to make the cake.
But Judge Lampe rejected the ruling and said his decision was based on the fact that Miller had not yet prepared the cake.
Eileen and Mireya Rodriquez-Del Rio, who married in October, filed a complaint with the state after Miller declined to make their wedding cake
Superior Court Judge David Lampe ruled in favor of Tastries Bakery on Monday, saying the act of making cakes was 'artistic expression' and did not violate California anti-discrimination laws
He said it would have been discrimination if the cake was already on display at the shop and Miller refused to let the couple buy it.
'A retail tire shop may not refuse to sell a tire because the owner does not want to sell tires to same sex couples,' Judge Lampe wrote.
'No baker may place their wares in a public display case, open their shop, and then refuse to sell because of race, religion, gender, or gender identification.'
Share this article
At the time, Eileen Rodriquez-Del Rio said Miller had told them she would take their order, but give it to another bakery to make because she doesn't 'condone same sex marriages and will have no part in this process'.
A similar case in Colorado is still awaiting a Supreme Court decision involving baker Jack Phillips.
He has argued that he should be allowed to refuse service to same-sex couples based on free speech and free exercise of religion.
The case was initiated when same-sex couple Eileen and Mireya Rodriquez-Del Rio complained after they tried to buy a cake from Miller's bakery for their wedding in October.
A similar case in Colorado is still awaiting a Supreme Court decision involving baker Jack Phillips (above) who argues he should be allowed to refuse service to same-sex couples
Most watched News videos
- 2306104 Dead man banned from his own funeral after arriving on chair
- Private Jet carrying Texas House Speaker crashes on landing
- Police open fire on killer holding 12-year-old boy hostage
- Incredible moment police vehicle 'pushes' stolen car away from bus
- Playboy scammer explains his fake Covid negative test certificates
- Alok Sharma reveals Brexit negotiations are in a 'difficult phase'
- Man arrested following stabbing in Marks and Spencer Burnley store
- Giuliani brings 'vote fraud' witnesses to Michigan legislative hearing
- Anthony Fauci: UK was 'not as careful' in approving Covid vaccine
- Williamson: We approved vaccine first because we're a better country
- Small plane lands on Minnesota highway
- Cartel gunmen fire over 100 rounds and kill police chef
