The California Supreme Court has declined to review the case of a Christian baker who refused to make a wedding cake for a same-sex couple on religious grounds, letting a lower court ruling against her remain in place.

According to the Christian Post, the decision marks the latest development in a long-running legal dispute over the balance between religious freedom and anti-discrimination laws in the state.

On Wednesday, the court denied a petition to hear an appeal in the case of California Department of Civil Rights v. Tastries, which involved Cathy Miller, the owner of a Bakersfield-based bakery called Tastries, also known as Cathy’s Creations. Miller declined a wedding cake request from a same-sex couple in 2017, citing religious objections to same-sex marriage.

Following the refusal, the California Civil Rights Department filed a complaint against Miller under the state's Unruh Civil Rights Act. The law bars discrimination by businesses that serve the public based on characteristics like race, gender, and sexual orientation.

In an initial decision in 2018, Superior Court Judge David Lampe ruled in Miller’s favor. He denied the state’s request to temporarily ban her from refusing similar requests, stating that constitutional protections for religious beliefs were central to her defense.

Earlier Lower Court Rulings Favored the Baker

Judge Lampe emphasized that individuals and businesses should receive “proper protection” under the First Amendment when their actions are motivated by religious beliefs. He also noted that Miller had suggested alternate bakers who could fulfill requests she declined.

In 2022, Kern County Judge Eric Bradshaw also sided with Miller. He ruled that her decision was guided by sincere Christian beliefs and was not based on arbitrary or discriminatory motives.

However, a significant shift occurred in February 2024 when the California Court of Appeals reversed the earlier rulings. The appellate judges ruled that Miller had violated the law by refusing to make a pre-designed white cake for the couple’s wedding.

Appellate Court Cites Limitations of Free Speech

The appeals court stated that making the cake did not involve a message that explicitly endorsed same-sex marriage, and thus, did not constitute protected speech under the First Amendment.

“To conclude this cake is primarily an act of artistic self-expression entitled to First Amendment protection,” the court wrote, would essentially treat all artfully created products as protected speech, undermining the intent of civil rights laws.

The ruling warned that a broad interpretation of expression-based exemptions could result in “potential disruption to the stream of commerce” by allowing routine business transactions to be exempted on speech grounds.

Legal Team Eyes U.S. Supreme Court Appeal

Following the state high court’s refusal to revisit the case, Miller’s legal representatives expressed disappointment and outlined plans to escalate the matter to the U.S. Supreme Court.

“As the United States Supreme Court has made clear twice already, creative professionals like Cathy Miller shouldn’t have to choose between following their faith and practicing their art,” said Adèle Keim, senior counsel with the Becket law firm, which is representing Miller.

She added, “California should have dropped its campaign against Cathy years ago and let her design in peace. We plan to appeal this decision to the Supreme Court to defend Cathy’s right to make custom creations that are consistent with her faith.”

Legal Backdrop Includes Past SCOTUS Cases

Two prior U.S. Supreme Court decisions have addressed similar issues and may play a role in shaping Miller’s next appeal. In 2018, the Court ruled in favor of Colorado baker Jack Phillips, emphasizing the First Amendment in allowing his refusal to create a custom wedding cake for a same-sex couple.

More recently, in 2023, the high court ruled that Colorado could not require a Christian web designer to make websites celebrating same-sex marriages. Both cases focused on whether state anti-discrimination laws can compel individuals to provide services that conflict with their religious beliefs.

The California case now shifts to the federal level as Miller's legal team prepares to argue that forced participation in same-sex wedding celebrations through the creation of custom cakes violates constitutional freedoms.