Cathy Miller of Bakersfield owns Tastries, a bakery that offers breads, cookies, pies, and cakes, including custom wedding cakes.
As AFN has reported, the state opened an investigation into the establishment in 2017 after Miller explained to a same-sex couple that her religious beliefs would not allow her to custom design their wedding cake.
"Cathy referred them to another local bakery that would do their cake," notes Daniel Chen of Becket, the law firm representing Miller. "Custom designing a wedding cake to celebrate a same-sex marriage would compel her to speak a message about marriage that was contrary to what her faith says."
Many people, including those litigating the case for the state of California, claim Miller is discriminating against LGBTQ people, but Chen says that is "simply not true." Not only does she employ LGBTQ individuals, but she also serves everyone who comes into Tastries.
"Anyone can purchase items that Tastries bakes fresh every day, but what Cathy can't do is custom design a wedding cake that would speak a message that goes against her faith," Chen clarifies.
He goes on to note that Miller has declined several custom orders in other contexts when they similarly go against her religious beliefs – like celebrating drug use, witchcraft, or violence. She even declined to create a cake for a supposed vow renewal ceremony where a man wanted to ask his wife for a divorce.
In 2017, the United States Supreme Court heard argument over a similar issue involving Colorado baker Jack Phillips and his Masterpiece Cakeshop. The court did not say whether Phillips had to make a custom wedding cake, ruling instead in 2018 that the Colorado Civil Rights Commission's actions in assessing his reasons for declining to make a cake for a same-sex couple's wedding violated the free exercise clause.
The Supreme Court has since ruled in 303 Creative LLC v. Elenis that the First Amendment prohibits Colorado from forcing a website designer to create websites for marriages with which she disagrees.
Oral argument in Miller's case took place in December, and Chen expects a decision within the next few weeks or months.
