A California trial court has upheld a Christian baker's right to refuse to create a wedding cake for a lesbian couple.

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The Weekly is a rundown of news by the Ethics and Religious Liberty Commission highlighting the week’s top news stories from the public square and providing commentary on the big issues of our day.

 

Christian Wedding Cake Baker Wins a Religious Liberty Case in California Court

A California trial court has upheld a Christian baker's right to refuse to create a wedding cake for a lesbian couple.

Last summer the state of California brought a lawsuit against Cathy Miller and her business, Cathy’s Creations, Inc., claiming she violated the state’s civil rights code prohibiting discrimination based on sexual orientation. Miller refuses to design and create wedding cakes to be used in the celebration of same-sex marriages because she believes that such marriages violate her deeply held Christian convictions.

According to the Freedom of Conscience Fund, the nonprofit legal group who defended Miller, two women entered Cathy’s Creations last year and asked Miller to design a wedding cake for their same-sex marriage. Cathy told the couple that designing a custom cake to celebrate a same-sex marriage was something she could not do, but she has an agreement to refer such same-sex couples to a competitor, Gimme Some Sugar.

The couple refused the compromise and filed a complaint with the state, alleging that Miller discriminated on the basis of sexual orientation. After launching a formal investigation, the state sought a court order that would compel Miller to create custom wedding cakes celebrating same-sex marriages.

The state claimed that forcing Miller to use her artistic talents for such purposes was not a form of compelled speech. But Superior Court Judge David Lampe disagreed.

“A wedding cake is not just cake in Free Speech analysis,” said Judge Lampe. “It is an artistic expression by the person making it that is to be used traditionally as a centerpiece in the celebration of marriage. There could not be greater form of expressive conduct.”

The judge noted that having placed his or her work for public sale, no artist may refuse to sell for an unlawful discriminatory purpose. But, he added, “The difference here is that the cake in question is not yet baked.” The judge pointed out that,

The State is not petitioning the court to order defendants to sell a cake. The State asks this court to compel Miller to use her talents to design and create a cake she has not yet conceived with the knowledge that her work will be displayed in celebration of a marital union her religion forbids. For this court to force such compliance would do violence to the essentials of Free Speech guaranteed under the First Amendment.

In response to the ruling, Charles LiMandri, chief counsel in the case and president of the Freedom of Conscience Defense Fund, said, “This is a major victory for faith and freedom because the judge indicated in his ruling that the State cannot succeed in this case as a matter of law. No doubt the California officials will continue their persecution of Cathy, but it is clear that she has the Constitution on her side.”

 

This week on ERLC podcasts: Daniel Darling talks to U.S. Senator James Lankford about his life in government and how he maintain his spiritual disciplines in a demanding, public life. On the Capitol Conversations podcast, the ERLC’s D.C. team reviews the status of politics and policy in Washington including abortion, immigration, and (yet another) CR week. Also, a quick look at the MLK50 Conference in Memphis, TN on April 3-4. And on the ERLC podcast, Lindsay Nicolet talks to Keith Getty about corporate singing. 

MLK50
 

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