A Californian judge ruled in favor of a bakery owner who refused to make wedding cakes for a homosexual couple. Eileen e Mireya Rodriguez-Del Rio, because this violated his Christian beliefs. The story dates back to 2017 when Cathy Millerthe owner of the Tastries Bakery of Bakersfield, was sued by the State Department of Housing and Employment for intentionally discriminating against a gay couple in violation of California’s Unruh Civil Rights Act.
The Kern County Superior Court Judge, Eric Bradshaw, established that the production of a dessert falls within the “artistic expression” and that therefore Cathy Miller has the right to appeal to freedom of expression. Therefore, the accusation of discrimination falls: not providing a service to an LGBTQ couple is not a crime if it is against one’s religious convictions. According to the judge, the Californian department did not prove “that the defendant intentionally discriminated against the gay couple for their sexual orientation” but, on the contrary, the evidence indicated that the pastry chef’s motivation was linked “to fidelity to her Christian belief. “.
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The decision was hailed as a First Amendment victory by Miller and her lawyers Thomas More Society, a conservative study that regularly follows cases against gay marriage and abortion. Miller’s lawyers have argued that her right to free expression of religion and her beliefs about what the Bible teaches about marriage prevail over the topic of violating the anti-discrimination law.
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“I hope our community can grow together,” Miller told al Bakersfield Californian after the sentence, stressing the need to find a “balance” that “does not push a gender political agenda” against those who think differently. The couple said they now expect an appeal: “We are obviously disappointed, but not surprised,” Eileen told the newspaper. “We hope our appeal will have a different result.” Also a previous decision of the Superior Court of contea at Kern it went to Miller’s favor, but was later overturned by the 5th District Court of Appeals, which returned the case back to the County.
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The decision comes as a Colorado pastry chef, Jack Phillipsis appealing to a sentence that condemns him for violating the state’s anti-discrimination law, again for refusing to make a wedding cake for a gay couple a decade ago.