After California’s highest court declined to take up an appeal on her case, Bakersfield baker Cathy Miller is seeking a hearing from the U.S. Supreme Court on a years-long battle over her ability to refuse baking wedding cakes for couples.
The back story: Bakersfield’s Tastries Bakery first entered the legal fray back in 2017 when Miller refused to create a wedding cake for a same-sex couple at her bakery, Tastries Bakery.
- The State of California sued on the basis of violating California’s marquee civil rights law, leading to a series of court rulings over the years.
- In February, an appellate court overturned a Kern County Superior Court’s ruling in Miller’s favor.
- On Wednesday, the state Supreme Court declined to hear her appeal for the case.
Driving the news: With the highest court in the state passing on the case, Miller and her legal team announced their intention to file a petition for certiorari with the U.S. Supreme Court.
- Adèle Keim, senior counsel at Becket, a nonprofit law firm based in Washington, D.C., representing Miller, emphasized that the case centers on the faithful application of the U.S. Constitution’s protections for all individuals.
- Referring to recent U.S. Supreme Court rulings on similar cases, Keim highlighted how they supported business owners’ rights to refuse services on religious grounds.
- Keim stressed that these decisions aligned with Miller’s situation and believed that taking the case to the U.S. Supreme Court was appropriate.
The other side: In response to the news of Miller’s Supreme Court pitch, the California Civil Rights Department, which brought the case against Miller, issued a statement supporting the state appellate court’s ruling as upholding equal access for all Californians, including members of the LGBTQ+ community.
What’s next: The legal process now involves submitting a petition to the U.S. Supreme Court by the end of the summer, followed by a response from the state and a potential decision from the high court whether the case will be heard.
