The California Supreme Court has declined to hear an appeal in a case involving Cathy Miller, a Christian baker who faced punishment for refusing to make a cake for a same-sex wedding.
The court’s decision, issued Wednesday in the case of California Department of Civil Rights v. Tastries, allows a lower court ruling against Miller to stand.
Becket, the law firm representing Miller, expressed disapproval of the decision, stating, “As the United States Supreme Court has made clear twice already, creative professionals like Cathy Miller shouldn’t have to choose between following their faith and practicing their art,” in a statement released Thursday.
“California should have dropped its campaign against Cathy years ago and let her design in peace. We plan to appeal this decision to the Supreme Court to defend Cathy’s right to make custom creations that are consistent with her faith.”
Miller, who operates under the name Cathy’s Creations, refused to make the wedding cake due to her religious objections to same-sex marriage. The California Civil Rights Department filed a complaint against her in 2017, alleging she violated the state’s Unruh Civil Rights Act.
In 2018, Kern County Superior Court Judge David Lampe ruled in favor of Miller, rejecting a request for a preliminary injunction. Later, in October 2022, Kern County Judge Eric Bradshaw ruled that the department failed to prove that Miller had engaged in discrimination.
However, in February, the Court of Appeal of the State of California, Fifth Appellate District ruled against Miller, stating she had “engaged in intentional discrimination” by refusing to sell a pre-designed white cake to the couple.
The case echoes a similar 2018 Supreme Court decision, which sided with Colorado baker Jack Phillips, emphasizing that “the use of artistic abilities to make a wedding cake carries a significant First Amendment speech component and implicates his deep and sincere religious beliefs.”
The Supreme Court also ruled that “Colorado couldn't force a Christian web designer to create websites celebrating same-sex marriage” in 2023.
