A California appeals court has ruled in favour of a lesbian couple who were denied a wedding cake, marking another significant legal battle over LGBTQ+ rights and religious freedom. The unanimous decision by a three-judge panel could potentially send the issue back to the U.S. Supreme Court.
In 2017, Eileen and Mireya Rodriguez-Del Rio visited Tastries Bakery in Bakersfield, California, to purchase a wedding cake. They selected a plain, three-tiered white cake—a design the bakery already sold for birthdays and baby showers. However, when the bakery’s owner, Catharine Miller, learned that the cake was for a same-sex wedding, she refused to sell it to them, citing her religious beliefs.
The couple filed a complaint with California’s Civil Rights Department, which sued Miller in 2018 for violating state anti-discrimination laws. However, a Kern County judge initially ruled in favour of Miller, stating that she was exercising her religious freedom rather than discriminating against LGBTQ+ customers.
Last week, the California Court of Appeal for the Fifth District overturned that decision, siding with the couple.
Court’s Ruling: Discrimination, Not Religious Freedom
The appellate court rejected Miller’s argument that her refusal was neutral and applied to all customers. Instead, the judges ruled that her policy was inherently discriminatory, as it only affected customers based on their sexual orientation.
Additionally, the court dismissed Miller’s claim that making the cake would force her to “endorse” same-sex marriage, noting that the couple ordered a plain cake with no specific message or decorations.
“Drawing the contours of protected speech to include routinely produced, ordinary commercial products as the artistic self-expression of the designer is unworkably overbroad,” the judges wrote.
The decision reinforces California’s anti-discrimination laws, which require businesses that serve the public to provide equal access to all customers—regardless of sexual orientation.
Religious Freedom vs. LGBTQ+ Rights: A Battle Continues
Miller is represented by the Becket Fund for Religious Liberty, a legal group that often defends individuals and businesses seeking to deny services to LGBTQ+ people under religious freedom claims.
Her attorney, Charles LiMandri, vowed to continue fighting the case: “This case is not just about Cathy Miller—it’s about protecting the rights of all Americans to live and work according to their deeply held beliefs.”
Miller, a self-proclaimed devout Christian, maintains that she believes “wedding cakes must not contradict God’s sacrament of marriage between a man and a woman.”
The case is now expected to be appealed once again, potentially setting the stage for a Supreme Court showdown.
Previous Supreme Court Cases on LGBTQ+ Discrimination
This case mirrors previous legal battles over LGBTQ+ rights and religious freedom:
- Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018): The Supreme Court ruled in favour of Jack Phillips, a Colorado baker who refused to make a wedding cake for a same-sex couple. However, the decision was narrow, focusing on how the Colorado Civil Rights Commission handled the case rather than setting a broad precedent.
- 303 Creative LLC v. Eleni (2023): The Supreme Court ruled in favour of a website designer who refused to create wedding websites for same-sex couples, citing First Amendment protections.
While these rulings favoured business owners, the California court’s latest decision highlights state-level protections that still uphold LGBTQ+ anti-discrimination laws.
The Bigger Picture
The legal battle over LGBTQ+ rights in business is far from over. As conservative religious groups continue to push for broader exemptions, courts will be forced to weigh religious freedom against equal access protections for LGBTQ+ people.
For now, Eileen and Mireya Rodriguez-Del Rio have won their appeal—but with Miller’s team planning to escalate the case, this could be another pivotal fight in the ongoing LGBTQ+ rights movement.
A California court has ruled in favour of a lesbian couple after a bakery refused to sell them a wedding cake, citing religious beliefs. The case could now head to the Supreme Court.
