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News

Dec. 9, 2025

Supreme Court lets stand ruling that baker violated same-sex couple's rights

By denying certiorari, the Supreme Court left intact a 5th District Court of Appeal decision holding that a generic wedding cake is not protected speech and cannot be withheld from same-sex customers under California's civil rights laws.

The U.S. Supreme Court on Monday declined to review a ruling from California's 5th District Court of Appeal that found a Bakersfield bakery owner violated a same-sex couple's rights by refusing to prepare a predesigned, plain white cake for them.

The decision was a victory for the California Civil Rights Department, which sued Cathy's Creations and sole shareholder Catharine Miller for violating the Unruh Civil Rights Act.

Kern County Superior Court Judge J. Eric Bradshaw ruled in Miller's favor, but a 5th District panel reversed that decision in February.

"A three-tiered, plain white cake with no writing, engravings, adornments, symbols or images is not pure speech," Justice Kathleen Meehan wrote for the panel.

Miller's lawyers, led by Eric C. Rassbach of the Becket Fund for Religious Liberty and LiMandri and Jonna LLP partner Charles S. LiMandri, sought U.S. Supreme Court review in a writ of certiorari.

The Supreme Court denied review without comment. Miller et al. v. Civil Rights Department, 25-233 (S. Ct., filed Aug. 26, 2025).

Mireya and Eileen Rodriguez-Del Rio, a same-sex couple, got married in December 2016 in a small ceremony with friends and family. They wanted to celebrate with a larger group and planned to exchange vows and host a traditional wedding reception in October 2017, which is why they sought a cake from Tastries, Miller's bakery.

Miller refused to do so, citing her conservative Christian beliefs.

The debate revolved in part around whether Miller's cake should be considered custom-made. Bradshaw concluded that it was after a bench trial, but the appellate panel ruled otherwise after an "independent review."

"In short, this Court should not allow states and state courts to evade its review by re-fashioning facts to match their preferred result," Rassbach wrote.

But California Deputy Solicitor General Julie Veroff countered that the Bakersfield case was not analogous to cases in which the Supreme Court ruled that the First Amendment prohibited the state of Colorado from requiring a Christian business owner to create same-sex wedding websites. 303 Creative LLC v. Elenis, 21-476 (S. Ct., filed Sept. 24, 2021).

Kevin Kish, director of the California Civil Rights Department, praised the outcome in a statement.

"The U.S. Supreme Court's order leaves in place a key appellate court decision that affirms the civil rights of people all across California," he wrote. "You cannot deny someone service by claiming a predesigned, multipurpose cake is protected speech. Every Californian is entitled to full and equal services at businesses in our state."

Rassbach and LiMandri could not be reached for comment but referred a reporter's request to Miller.

"For over a decade, I've welcomed everyone who comes into Tastries with the care and honesty my faith calls me to, and I'll continue doing exactly that," she wrote in a statement. "This isn't the result I prayed for, but I am sure God will use this for His glory."

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Craig Anderson

Daily Journal Staff Writer
craig_anderson@dailyjournal.com

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