CALIFORNIA BAKERY CAN REFUSE WEDDING CAKE FOR SAME SEX COUPLE, JUDGE SAYS Judge said refusal not discriminatory as cake had not yet been baked

On Monday, a California judge issued a preliminary injunction ruling in favor of a bakery owner who declined to make cake for a same sex couple.

On Oct. 18, 2017, Rodriguez-Del Rios filed an administrative complaint with the state, alleging that Tastries Bakery in Bakers Field, owned by Cathy Miller, violated the Unruh Act by denying them full and equal services on the basis of their sexual orientation.

In an eight page ruling, Kern County Superior Court Judge David Lampe said the defendant reserved the right to refuse to bake cake as withholding her right equates to curbing her free speech and artistic expression and hence is protected by the First Amendment.

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

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