Cake wars return: Christian baker takes fight to Supreme Court

A California baker has asked the Supreme Court to hear her challenge to a state law that would force her to create wedding cakes for same-sex couples in violation of her Christian faith. Here’s what you need to know about the latest religious liberty case to reach the high court:

The Supreme Court petition

California baker seeks high court review of religious freedom case:

• Baker Cathy Miller is challenging California’s Civil Rights Department, which is seeking to sanction her for refusing to create a wedding cake celebrating a homosexual union
• “If she does not agree to design and create cakes for same-sex wedding ceremonies despite her undisputedly sincere religious objections, California says she must give up her cake-design business altogether,” her lawyers said Tuesday in petition
• “Miller must bake the cakes or give up her livelihood”
• It would take four justices to vote in favor of hearing the dispute for oral arguments to be granted

The constitutional arguments

Petition claims violations of First Amendment protections:

• “California’s eight-year civil prosecution of Miller violates both the Free Speech Clause and the Free Exercise Clause,” petition states
• “The Bill of Rights does not leave ’it open to public authorities to compel [Ms. Miller] to utter what is not in [her] mind’”
• “And because designing and creating one of the most well-known and universal of all wedding symbols involves both Miller’s speech and her religion, both Clauses are implicated”
• Case involves both religious freedom and compelled speech arguments

The original 2017 incident

Case began with request from same-sex couple:

• Miller’s legal trouble began in 2017, when two women came to her for wedding cake to celebrate their wedding
• Customers Mireya and Eileen Rodriguez-Del Rio wanted to wed before President Trump took office for fear they would be unable to wed afterward
• When customer requests item that violates her written standards, Miller refers them to nearby bakery
• She referred the women to another baker nearby rather than create the cake

The court battle timeline

Mixed rulings led to Supreme Court appeal:

• Trial court ruled in her favor in 2023, reasoning that she did not discriminate against LGBTQ people via hiring or business practices
• But she lost appeal of that ruling, with appellate court saying First Amendment did not protect her refusal to create custom wedding cakes for LGBTQ clients
• California Supreme Court refused to hear her appeal, prompting her to ask justices to weigh in
• California’s Civil Rights Department sued Miller in 2018, claiming she violated Unruh Civil Rights Act, state ban against discrimination in business

The bakery’s faith-based mission

Business operates according to Christian principles:

• Miller opened her bakery, Tastries, in 2013 in Bakersfield, California
• She and her husband wrote business mission statement align with their faith: “Honor God in all that we do”
• She displays Bible verses on her business cards and has design standards in writing to reflect her Christian beliefs, suggested after counseling with her pastor
• Says she will not create bakery items to celebrate same-sex weddings, divorces, violent content, pornographic images, drug use or witchcraft

The Masterpiece Cakeshop precedent

Second cake-making dispute to reach high court in recent years:

• Miller’s case similar to that of baker Jack Phillips, whose 2018 challenge in Masterpiece Cakeshop v. Colorado Civil Rights was vindicated by justices
• High court ruled that Phillips was not given fair hearing by Colorado Civil Rights Commission and remanded case back to lower court
• Justices at that time did not address dispute between religious freedom and discrimination against LGBTQ people
• In 2018, justices ruled in favor of Colorado baker who was punished by Colorado Civil Rights Commission for refusing to create same-sex wedding cake due to his faith

The 303 Creative case connection

Recent Supreme Court ruling favored religious objector:

• Court in 2023 ruled in favor of Colorado graphic web designer who opposed being forced to design wedding websites for same-sex couples in violation of her faith
• That case was 303 Creative v. Elenis
• Miller’s lawyers say those rulings “have not yet stopped government attempts to suppress religious objectors”
• Precedent suggests court may be sympathetic to religious liberty arguments

The ongoing legal battle

Eight-year prosecution continues despite previous rulings:

• California’s Civil Rights Department has pursued case for eight years according to petition
• Spokesperson for California’s Civil Rights Department did not immediately respond to request for comment
• Case is Catherine Miller v Civil Rights Department
• Represents continued tension between anti-discrimination laws and religious freedom protections

Read more:

• Supreme Court asked to hear same-sex wedding cake dispute brought by Christian baker