A Californian baker who argued that making a cake for a same-sex couple violated her Christian beliefs and free religious expression has won her case before a Superior Court judge.
Tastries Bakery owner Ms. Cathy Miller, who was being sued by a same-sex couple, said she was "very happy to serve everything from my cases to anybody", but she could not find it in her heart "be a part of a celebration that goes against my lord and saviour."
Kern County Superior Court Judge David Lampe sided with her on this one wrote: "A wedding cake is not just a cake in a Free Speech analysis. It is an artistic expression by the person making it that is to be used traditionally as a centerpiece in the celebration of a marriage."
The same-sex couple had filed a complaint with California's Department of Fair Employment and Housing, which ruled in their favor, citing the state's Unruh Civil Rights Act that bars discrimination based on race, gender, religion or sexual orientation. But when the case was judged by a Californian superior court, he overturned the former ruling and sided with the Christian baker, stating that Ms. Miller could refuse service to same-sex couples over her religious objections and right to free speech.
Though the judge stated that Ms. Miller was allowed to refuse ‘making’ the cake, she was not allowed to refuse ‘selling’ it.
"A retail tire shop may not refuse to sell a tire because the owner does not want to sell tires to same-sex couples."
"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."
A similar, and better known, case in Colorado is currently awaiting a US Supreme Court decision.