Published: Thu, February 08, 2018

Baker can refuse to make wedding cake for gay couple, judge rules

Baker can refuse to make wedding cake for gay couple, judge rules

But Miller could not be made to bake a cake which would go against her beliefs, he added.

As a result, a state anti-discrimination law, which applies to all kinds of other goods and services, does not apply to the baker of the cake in question, who happens to be in Bakersfield. Miller is not the only wedding cake creator in Bakersfield. "[The] Rodriguez-Del Rios plan to engage in speech".

In a challenge to the Civil Rights Act of 1964, the Supreme Court ruled in favor of federal public accommodations law to ensure human dignity.

Judge David Lampe said the state could not force Tastries Bakery owner Cathy Miller to violate her beliefs because a wedding cake is ultimately a form of artistic expression protected by the First Amendment.

The lawsuit against Miller - and the arguments advanced by Lampe in her favor - are almost identical to those that were made in the Masterpiece Cakeshop case now being weighed by the U.S. Supreme Court.

And in Roberts v. Jaycees, the Supreme Court recognized that discrimination - in that case, turning women away from membership in an organization - "deprives persons of their individual dignity and denies society the benefits of wide participation in political, economic, and cultural life". "Apparently they don't "believe" in same sex marriage, so they refused to make the cake".

No artist, having placed their work for public sale, may refuse to sell for an unlawful discriminatory objective.

He compared a bakery to a tire shop, saying that the shop could not refuse to sell a tire to a same sex couple because "there is nothing sacred or expressive about a tire".


Miller spoke of her delight at the ruling, and denied that she wanted to discriminate against gay people.

"The State asks this court to compel Miller against her will and religion to allow her artistic expression in celebration of marriage to be co-opted to promote the message desired by same-sex marital partners, and with which Miller disagrees".

"No artist, having placed their work for public sale, may refuse to sell for an unlawful discriminatory objective".

Since Miller hadn't already conceptualized the cake and instead asked the couple to visit another bakery, it can't be ruled as an outright refusal to sell cake. "No baker may place their wares in public display case, open their shop, and then refuse to sell because of race, religion, gender, or gender identification", Lampe writes.

Hailing the California ruling a victory is the nonprofit Freedom of Conscience Defense Fund (FCDF), Miller's defense team in the case, Department of Fair Employment and Housing vs. Cathy's Creations, Inc.

Miller also invoked Free Exercise of Religion Clause, but the judge didn't rule on that matter, "because the case is sufficiently resolved upon Free Speech grounds", he stated. The case will go to a full trial in June, but Miller's lawyer said he will seek to have the case immediately dismissed because of Lampe's decision, according to the Californian.

"When our attorney called this evening we were shocked", she said.

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