California judge: Baker can refuse to serve same-sex couples

California judge rules Christian bakery shouldn't be forced to make gay wedding cake

California judge rules Christian bakery shouldn't be forced to make gay wedding cake

A California county superior court judge has ruled in favor of an anti-gay Christian baker who refused to sell a same-sex couple a custom wedding cake, citing her religious beliefs.

The decision came after a lawyer for Tastries Bakery argued that owner Cathy Miller should have a right to free speech and free expression of religion. The state's complaint, based on the Unruh Act, which prohibits discrimination based on both religion and sexual orientation, lacks the merit to succeed, Lampe said.

The case was initiated when same-sex couple Eileen and Mireya Rodriquez-Del Rio complained to the California's Department of Fair Employment and Housing after they tried to buy a cake from Miller's bakery for their wedding in October.

The judge said, "Wedding cake is not just cake in Free Speech analysis".

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Here's where it gets interesting: The judge in the California case said his ruling shouldn't be used as a blanket precedent for all other cases.

Lampe's ruling will stop an injunction that would have prevented Miller from denying service during the case, KBAK reported.

Jack Phillips of Colorado's Masterpiece Cakeshop, now at the centre of a landmark USA court case about anti-LGBT discrimination, claimed previous year that Jesus Christ would discriminate against gay people. His legal team argues this violated his First Amendment rights.

As for the California case, the state agency and couple will likely appeal Lampe's decision.

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Miller, who owns Tastries bakery, said she referred the couple to another bakery. He was ordered to undergo sensitivity training and provide the Commission with updates on any cake orders he refused and provide an explanation for each refusal. Here... They plan celebration to declare the validity of their marital union and their enduring love for one another.

The next hearing in the case is set for June.

Garcia also doesn't put any stock into Lampe's argument that a wedding is a form of "expressive conduct". "No baker may place their wares in a public display case, open their shop, and then refuse to sell because of race, religion, gender, or gender identification", Lampe wrote.

"The difference here is that the cake in question is not yet baked", the judge wrote.

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The couple did not want any words or messages on the cake, but Miller argued that creating it went against her beliefs. "We just were so excited that God won and that we could stand for our religious freedom and freedom of speech", she tells OneNewsNow. The State is not petitioning the court to order defendants to sell cake. "For this court to force such compliance would do violence to the essentials of Free Speech guaranteed under the First Amendment", he added. "But I can not be a part of a celebration that goes against my lord and savior".

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