Earlier this month the Supreme Court heard oral arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission.
But another court battle is cooking in Northern California: Cathy Miller, owner of Tastries Bakery in Bakersfield, refused to make wedding cakes for two same-sex couples, citing conflicts with her Christian faith. This week, California’s Department of Fair Employment and Housing asked for a temporary restraining order, barring Miller from selling any items she was unwilling to sell to all her customers.
In an August 26 Facebook post, Eileen Rodriguez-Del Rio said she and her then-fiancée, Mireya, approached Miller about a wedding cake. She claims Miller told her “I don’t condone same-sex marriages and will have no part in the process.” Miller did apparently try to outsource the order to a rival bakeshop.
Rodriguez-Del Rio filed suit, claiming Miller was violating California’s anti-discrimination laws.
“Everyone is God’s creation and I love everyone,”
Miller interview told KERO-TV Bakersfield. “but there are certain things that violate my conscience, and my conscience will not allow me to participate in things that I feel are wrong. Most of what that’s based on is scripture.”
On Thursday, Superior Court Judge David Lampe denied the restraining order in the Tastries Bakery case. According to The Freedom of Conscience Defense Fund, which represents Miller, Lampe denied the order because had yet to hear Miller’s side of the story. The judge “recognized that the case affects the fundamental rights of both parties before the court,” said FCDF in a statement.
A second hearing will be held February 2, well before the Supreme Court is expected to hand down a decision in the Masterpiece Cakeshop case.