In a landmark decision, the California Fifth Appellate District Court has ruled that a Bakersfield bakery violated state anti-discrimination laws by refusing to sell a wedding cake to a same-sex couple in 2017.
The unanimous decision reinforces the protections afforded under the Unruh Civil Rights Act, which prohibits businesses from discriminating based on sexual orientation.
Background of the Case
The case centers on Cathy Miller, owner of Tastries Bakery in Bakersfield, California. In August 2017, Eileen and Mireya Rodriguez-Del Rio visited Tastries to purchase a cake for their upcoming wedding.
Upon learning that the cake was intended for a same-sex marriage, Miller declined to provide the service, citing her religious beliefs.
This refusal prompted the couple to file a complaint with the California Civil Rights Department (CRD), alleging discrimination based on sexual orientation.
Legal Proceedings
Following an investigation, the CRD determined that Tastries Bakery had violated the Unruh Civil Rights Act, which ensures “all persons within the jurisdiction of this state are free and equal, and no matter what their… sexual orientation… are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever”
In 2018, the CRD filed a lawsuit against Miller and her bakery.
In 2022, Kern County Superior Court Judge Eric Bradshaw ruled in favor of Miller, stating that her refusal was protected under the First Amendment’s free exercise of religion clause.
However, the CRD appealed this decision, leading to the recent appellate court ruling.
Appellate Court’s Decision
On February 12, 2025, the Fifth Appellate District Court overturned the lower court’s ruling.
The appellate court found that Miller’s policy of refusing to sell wedding cakes to same-sex couples was a clear violation of the Unruh Civil Rights Act.
The court emphasized that personal religious beliefs do not exempt business owners from complying with anti-discrimination laws
The court’s opinion stated, “The Unruh Act is intended to ensure that all Californians are entitled to full and equal access to public accommodations, and that includes the services provided by Tastries Bakery.”
Reactions to the Ruling
Kevin Kish, Director of the CRD, praised the decision, stating, “This decision upholds the longstanding principle guaranteeing all Californians full and equal access to services and goods in the marketplace.
No matter who you love, where you come from, or who you are … “
Conversely, Miller’s legal representation, Eric Rassbach of … expressed disappointment and indicated plans to appeal to the California Supreme Court.
Rassbach argued that the ruling undermines the rights of business owners to operate according to their religious convictions.
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Broader Implications
This case is part of a larger national discourse on the intersection of religious freedom, free speech, and anti-discrimination laws.
Notably, in 2018, the U.S. Supreme Court ruled in Masterpiece Cakeshop v. Colorado Civil Rights Commission that a Colorado baker’s refusal to create a wedding cake for a same … was permissible due to the state’s civil rights commission exhibiting religious bias
However, the ruling did not establish a broad precedent regarding the balance between religious beliefs and anti-discrimination protections.
The California appellate court’s decision underscores the state’s commitment to enforcing anti-discrimination laws, even when they conflict with individual religious beliefs.
As the case progresses to the California Supreme Court, it has the potential to set a significant precedent for how similar cases are handled in the future.
Legal Framework
The Unruh Civil Rights Act is a pivotal California statute that prohibits discrimination by all business establishments in the state.
The act explicitly includes sexual orientation as a protected characteristic, ensuring that all individuals receive equal treatment in public accommodations.
For more information on the Unruh Civil Rights Act, visit the official California Civil Rights Department website
Next Steps
To appeal, Miller’s legal team will present their case to the California Supreme Court.
The forthcoming proceedings will be closely monitored, as they may further define the boundaries between religious liberty and anti-discrimination … in California and potentially influence national discourse on the subject.
In the interim, the appellate court’s ruling serves as a reminder to businesses operating within California of their obligations under state law to provide equal services to all customers, regardless of sexual orientation.
As this legal battle continues, it highlights the ongoing tension between religious convictions and the rights of individuals to be free from discrimination in the marketplace.
The outcome of this case may have lasting implications for how such conflicts are navigated in the future.
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