A Bakersfield baker is appealing her religious freedom case to the U.S. Supreme Court.
Cathy Miller of Tastries Bakery filed a petition to the Supreme Court to reverse a state appellate court decision that ruled against her earlier this year.
The backstory: Miller refused to sell a cake to a lesbian couple for their wedding in 2017 and referred them to another bakery.
- That led to a lawsuit from the California Civil Rights Department in 2018. Four years later, a Kern County judge ruled in favor of Tastries, finding that Miller did not violate California’s Unruh Civil Rights Act.
- But six months ago, the Fifth District Court of Appeals reversed the ruling, finding that Tastries’ policy to not serve same-sex couples cannot be applied until the same-sex status of a couple is identified. The appellate court ruled that a three-tiered, plain white cake with no writing, engravings, adornments, symbols or images is not pure speech, meaning Tastries’ refusal was not protected under the free speech guarantee in the Constitution.
- Miller asked the California Supreme Court to take up an appeal from the Fifth District Court ruling, but the state’s highest court declined.
What we’re watching: The Supreme Court will consider taking up Miller’s case on Sep. 29.
- Justices will likely not release a decision on if they will actually take up her case until later in the year, however.
- Miller is represented by Becket, LiMandri & Jonna LLP and the Thomas More Society.
What they’re saying: “My love for Jesus Christ calls me to serve others with joy and compassion, and Tastries has been my way of answering that call for over a decade,” Miller said. “I’m asking the Court to end California’s harassment once and for all. All I want is to serve my neighbors as the Gospel of Jesus Christ calls me to without being forced to create messages that violate my beliefs.”
- Adèle Keim, senior counsel at Becket, said California has treated Miller like an enemy for eight years, trying to force her to violate her faith.
- “Enough is enough,” Keim said. “We’re asking the Court to put a stop to this bullying campaign and let Cathy design in peace. Justice demands no less.”
- “California is forcing Cathy to surrender her faith to the state’s political agenda, taking away her ability to operate her business in alignment with her values and bring joy to others through her talented work,” added Charles LiMandri, Partner at LiMandri & Jonna LLP and Thomas More Society Special Counsel. “Despite Cathy’s initial victory, appeals by the State of California have now left Cathy’s religious freedom rights hanging in the balance. We are hopeful the U.S. Supreme Court will recognize this injustice and restore her right to live out and practice her faith.”
