We are waiting for the potential blockbuster case of 303 Creative before the Supreme Court this term. However, a similar case just reached a final decision in California. In the case, Cathy Miller, a cake designer who owns the popular Tastries bakery in Bakersfield, California, prevailed against the Department of Fair Housing and Employment. She was sued for refusing to make a cake for a lesbian couple, Eileen and Mireya Rodriguez-Del Rio, due to her religious beliefs.
The case is very similar to the Masterpiece Cake Shop case that was previously before the Supreme Court, though failed to reach a definitive result on the question of religious freedom versus state discrimination laws.
The court rejected the action filed by the Department of Fair Housing and Employment under the Unruh Civil Rights Act, a 1959 state law protecting consumers from discrimination by businesses.
I have long disagreed with the focus on the religious clauses in these cases. In my view, it is all about free speech.
In this case, the bakery posted standards that said it would produce “positive” designs but included a list of designs that it would not create designs featuring drug use, explicit sexual content, “gore, witches, spirits, and satanic or demonic content,” and “design that violate fundamental Christian principals; wedding cakes must not contradict God’s sacrament of marriage between a man and a woman.”
Miller refused to bake a custom cake for a lesbian wedding in 2017 on religious grounds. Kern County Superior Court Judge David Lampe ruled in 2018 in favor of Miller but the California 5th District Court of Appeals reversed and remanded the decision. Lampe previously emphasized the free speech rights of Miller. Lampe ruled that “the fact that Rodriguez-Del Rios feel they will suffer indignity from Miller’s choice is not sufficient to deny constitutional protection… [an] “interest in preventing dignitary harms . . . is not a compelling basis for infringing free speech.”
In the new ruling, Judge Eric Bradshaw again found that Miller had a constitutionally protected right to refuse to bake a custom cake for a lesbian wedding in 2017 on religious grounds. Bradshaw found that “Miller’s only motivation, at all times, was to act consistent with her sincere Christian beliefs about what the Bible teaches regarding marriage.” He added “[t]hat motivation was not unreasonable, or arbitrary, nor did it emphasize irrelevant differences or perpetuate stereotypes.”
Here is the decision: Dep’t of Fair Employment and Housing and v. Cathy’s Creations
97 thoughts on “A Big Win for A Small Bakery: California Baker Wins Case Over Right to Refuse Cake for Lesbian Wedding”
I suppose it is unfair to expect the LEFT to acknowledge a Constitutional SCOTUS decision they do not favor?
They have broken the law and shown up (against the laws of the United States protecting Supreme Court justices), at the homes of the Justices, with what might actually be called a real insurrection. Why? because it is a crime to intimidate members of the SCOTUS. Thanks to a DOJ and FBI that support their illegal actions, NOTHING was done to stop it. These criminals are the same VOLK who deny that the 2020 election was stolen.
Now some People’s Repulik of Kalfornia oversexed perverted homosexual deviates go shopping, to see if they can find another Christian proprietor whom they can force to celebrate in their debauchery against both his/her faith and will.
While these perverts are too kinky to wear the brown shirt uniforms of the Nazi party of the Third Reich of 1930’s Germany, their tactics are strangely similar. So far our version of the Weimar Republic is only embracing inflation. Although it has staged its own version of the Reichstag fire (Jan6th political tribunals),and Biden held a Nuremberg rally with military personnel at attention against a Red Chinese background. It has not yet fulfilled its agenda of stacking the court with Marxists (although it has started).If they are victorious in the Senate elections, the process of destroying the filibuster will be completed, and then any appointment that Biden wants to the courts will pass.
So, a store chooses to make less. Their loss. Their right to do so.
One of the famous Christmas toy stores in NYC is/was owned and run by non-Christians making a profit off those Christians.
The couple looking for a non-Christian wedding cake theme just has to find another baker. Don’t like a given baker’s policy? Don’t patronize them. Too simple.
Meanwhile in couple weeks Alabama is going to vote A fresh constitution…..there is still him and her….gasp….husband and wife!!!!! Marriage will be contract between a man & woman. Only. and gay carriage won’t be recognized! At all all.
Moreover…it will be unlawful = unconstitutional to groom trans kids. No abortion Wil be legal!..but too be if you wanted to vote Bring that you need to register yesterdy! Alabama is fixing on going full maga. And the only ppl who can vote on that……..needs registered….yesterday! Alabama wins! We maybe last on your all’s tests……..but we win on things not tested…like God – faith – nd neighbor (country). aNd well win a gain….on our refreshed cons stitution! Apparently! Roll tide! War eagle!
Sounds like Alabama is coming to their senses
The problem is that activists continue to sue bakers, florists, and photographers who do not choose to participate in events, or create custom works that go against their religion, or that express speech they do not wish to be associated with.
They seek to drive these people out of business through harassment and a flood of lawsuits.
It’s not about tolerance. Activists demand that everyone around them agree with, and celebrate, their choices. They try to impoverish anyone who disagrees. It is an intolerant movement.
Who is it that credibly beleives the left today is not the most intolerant group ever in existance ?
I have been extremely disappointed by much of this.
I fought for the actual rights for gays and trans people.
I have a significant number of friends – sometimes I think more than 50% of the people I know are gay or trans.
I was very disappointed when some of them shifted from being persecuted to being persecutors.
Have you noticed these activists seem never to do this with Muslim businesses?
Ooops! Just read your comment below. So you did notice.
That is false. I would refer you to Bari Weis’s excellent podcast “Honestly”.
She has covered several instances where Woke idiots have destroyed the businesses of muslim immigrants.
While I have some issues with Bari – she is still left of center, and though she interviews people on the right, there are limits to how far on the right a guest she will interview. Regardless, she is like Derschowitz and Greenwald and Taibbi in that she is openly conducting honest journalism confronting Woke nonsense.
Thanks. I wasn’t aware that some Muslims were targeted too. I agree with you on Greenwald, Taibbi and Dershowitz. I check Bari’s substack often as well.
‘Woke’ is a sort of community insanity that appears to be contagious. Not very grammatical either. It’s a Crazy Maxine Waters expression, isn’t it?
A customer can buy anything ready made off the shelf. However, an artist is not their slave. They can no more force a painter to deliver a custom painting against their will, then they can force a baker to create a custom cake against their will.
One cannot force a seamstress to custom sew a stripper costume against her will.
One cannot force a sculptor to create a statute against his will.
The issue of slavery has already been decided in the United States.
It is notable that these activists do not target Muslim bakeries or photographers, though there are videos of these business owners also declining to participate in events that go against their religion.
As a descendant of people who were held in involuntary servitude, I am astounded that self-proclaimed liberals hold that privileged classes backed by the state have a “right” to impose involuntary servitude upon others — forcing them not only to labor but to speak as the state and its specially privileged class dictates.
You should run for office!
As a descendant of people who are held in involuntary servitude, I am astounded that self-proclaimed liberals hold that privileged classes backed by the state have a “right” to literally impose involuntary servitude upon others by forcing them not only to labor but to speak as the state and its specially privileged class dictates.
Well I know a guy that ran into similar in his business. He didn’t want a lot of attention or a big deal or anything so he just told the client “hey I make cakes for your group free. When do you need it by?”
Client tells propietor Octboer 7 or somethong like that.
Proprietor says “see you then.”
Client comes at the appointed time.
Propietor says “I thought you said the following week …oops”
Client is devastated. all of his future thoughts and potential for happiness … ruined.
He expresses all that.
Propietor says …
“what do you want for nothin? … a rubber biscuit.?”