California's Fifth Appellate District Court has unanimously ruled the owner of a Bakersfield, California, bakery who refused to sell a wedding cake to a same-sex couple in 2017 has broken the law.
While the bakery owner, Cathy Miller's, lawyer attempted to portray her refusal to sell a pre-made, unlabeled cake to a gay couple as "faith-based convictions" and not hostility to LBGTQ folks, California's Attorney General was able to prove otherwise. It appears Miller's faith-based conviction is to be hostile to LBGTQ folks.
Miller, a devout Christian, argued that selling a wedding cake for a same-sex couple conflicted with her religious beliefs. Her attorney, Eric Rassbach of the Becket Fund for Religious Liberty, maintained that the refusal was rooted in faith-based convictions, not hostility toward LGBTQ people.
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However, California Attorney General Rob Bonta's office, which represented the CRD in the appeal, argued that Miller's refusal was discriminatory under state law. Because the cake was not custom designed and had no artistic modifications, the state argued that selling it did not constitute compelled speech or creative expression under the First Amendment.
"No writing, no images, no toppers or other decorations," Deputy Attorney General Carly Jean Munson said in court, according to KGET. "It is undisputed that Tastries sells this standard cake for a wide variety of events, including birthdays, quinceañeras, and baby showers. It's also undisputed that Tastries sells this same cake to heterosexual couples for their marriage."
SF Gate
Previously:
• Indiana bakery still used Commodore 64 in 21st century
• Vegan bakery caught reselling Dunkin' donuts
