A California court recently ruled on February 11, 2025, that a bakery in Bakersfield unlawfully discriminated against a same-sex couple by refusing to make them a wedding cake. This decision reinforces California’s strong anti-discrimination laws that apply to businesses serving the public.
The case started in 2017 when Tastries Bakery, owned by Cathy Miller, refused to sell a wedding cake to a lesbian couple, Eileen and Mireya Rodriguez-Del Rio. Instead, Miller referred them to another bakery, stating that making the cake would go against her religious beliefs. The couple then filed a complaint under the Unruh Civil Rights Act, a California law that protects people from discrimination by businesses, including discrimination based on sexual orientation.
At first, a lower court, Kern County Superior Court, ruled in favor of the bakery, reasoning that forcing Miller to make the cake would violate her First Amendment rights and that referring the couple to another bakery constituted “full and equal access” under the Unruh Civil Rights Act. However, the state of California appealed the decision, arguing that businesses open to the public cannot pick and choose customers based on personal beliefs.
The appellate court then reversed the lower court’s decision, ruling that the bakery’s refusal to serve same-sex couples was illegal discrimination and violated California law. The court emphasized that businesses must follow anti-discrimination laws, even if they have religious objections.
Court’s Reasoning
The judges pointed out that the cake in question did not contain any form of artistic expression, as it was a plain, undecorated cake that the bakery routinely sold for various occasions. Because of this, the court rejected Miller’s argument that making the cake would force her to express support for same-sex marriage.
“A three-tiered, plain white cake with no writing, engravings, adornments, symbols or images is not pure speech,” wrote Justice Kathleen Meehan for the court. “Nor can the act of preparing a pre-designed, multipurpose, plain white cake—an ordinary commercial product—and delivering it prior to the wedding constitute the symbolic speech of the vendor.”
The court also ruled that Miller’s referral to another bakery did not satisfy the Unruh Civil Rights Act’s requirement for full and equal access. The judges explained that allowing such referrals would create a dangerous precedent, effectively allowing businesses to refuse service to certain groups so long as another business was willing to provide the requested service.
Impact of the Decision
This ruling reinforces that businesses open to the public must treat all customers equally, regardless of religious beliefs. The decision aligns with previous California Supreme Court rulings and strengthens protections for same-sex couples. While Tastries Bakery may try to appeal the ruling, California courts have consistently upheld strong anti-discrimination protections.
Know Your Rights
For consumers and employees, this case highlights the power of California’s civil rights laws. If you believe you have been denied service, treated unfairly, or discriminated against by a business, you have legal rights. California law ensures that everyone—regardless of sexual orientation, gender, race, or other protected characteristics—is treated fairly. Cases like this show that California courts take discrimination seriously and are committed to protecting individuals from unfair treatment.
