The legal battle was sparked when Tastries Bakery owner Cathy Miller refused to service Mireya and Eileen Rodriguez-Del Rio. According to court documents, Miller said that unlike the Supreme Court of the United States *cough*, “she does not condone same-sex marriage” and referred the women to competitor bakery Gimme Some Sugar. Miller also contents that she was “very happy to serve everything from my cases to anybody,” but she refused to “be part of a celebration that goes against my lord and savior.” Bold claim for a woman who worships a dude who turned water into wine–sounds like J.C. was always down for a party.
According to Kern County Superior County Superior Court Judge David Lampe, “A wedding cake is not just a cake in a Free Speech analysis. It’s an artistic expression by the person making it that is to be used traditionally as a centerpiece in the celebration of a marriage.” The judge also noted that his decision shouldn’t apply in other circumstances. “A retail shop may not refuse to sell a tire because the owner does not want to sell tires to same sex couples,” he wrote.
Initially, the couple had filed a complaint with California’s Department of Fair Employment and Housing, who had ruled in favor of them. As the women had asked for a cake without a message, the state argued the First Amendment did not apply. However, Judge Lampe rejected the agency’s ruling.
A US Supreme Court ruling is pending in a similar case in Colorado. The baker in that case has also cited his right to free speech and freedom of religion. Just let everyone eat cake. Lawd.