The California Supreme Court recently made headlines by choosing not to hear an appeal involving a Christian baker, Cathy Miller, who has been embroiled in a legal battle over her refusal to create a cake for a same-sex wedding. This decision has sparked significant discussion about the intersection of religious freedom and anti-discrimination laws.
Cathy Miller, owner of Tastries Bakery, found herself in hot water back in 2017 when the California Department of Fair Employment and Housing filed a complaint against her. The complaint arose after Miller declined to bake a wedding cake for a same-sex couple, citing her deeply held Christian beliefs regarding marriage. The state argued that her actions violated California’s Unruh Civil Rights Act, which prohibits discrimination based on sexual orientation.
In a recent order list, the California Supreme Court chose not to intervene in the case, effectively allowing a lower court’s ruling against Miller to remain in effect. This decision has drawn criticism from legal experts and advocates for religious freedom. Adèle Keim, senior counsel at the Becket Fund for Religious Liberty, expressed disappointment, stating that the ruling contradicts U.S. Supreme Court precedents that protect creative professionals from being forced to compromise their faith in their work.
Keim emphasized that “creative professionals like Cathy Miller shouldn’t have to choose between following their faith and practicing their art.” She indicated that the Becket Fund plans to appeal this decision to the U.S. Supreme Court to uphold Miller’s right to create custom works that align with her beliefs.
In 2018, a Kern County Superior Court judge ruled in favor of Miller, asserting that the First Amendment protects religious individuals and organizations as they express their faith and values. The judge noted that Miller had provided alternative options for the couple to obtain their desired cake from another baker who did not share her beliefs. However, the tide turned in 2022 when a California appellate court ruled against Miller, stating that her refusal constituted intentional discrimination.
The appellate court’s ruling raised eyebrows, particularly its assertion that a cake request does not inherently convey an endorsement of same-sex marriage and therefore lacks First Amendment protection as pure speech. This interpretation could potentially redefine how artistic expression is viewed within the commercial realm, prompting concerns about the implications for creative professionals across various industries.
This case echoes the high-profile situation involving Colorado baker Jack Phillips, who also faced legal challenges for refusing to create a wedding cake for a same-sex couple based on his religious convictions. In 2018, the U.S. Supreme Court ruled in Phillips’ favor, highlighting the significance of artistic expression in relation to religious beliefs. More recently, the Court reaffirmed this principle in a 2023 ruling that protected a Christian web designer from being compelled to create websites celebrating same-sex marriage.
As the legal battles continue, the implications for religious freedom and artistic expression remain a hot topic. The outcome of Miller’s case could set important precedents for how similar disputes are handled in the future. For those interested in the ongoing dialogue surrounding faith, art, and freedom, this case serves as a critical reminder of the challenges faced by individuals who strive to balance their beliefs with the demands of modern society.
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