A California Court of Appeals Overturns Tastries Bakery Ruling

A California Court of Appeals Overturns Tastries Bakery Ruling

BAKERSFIELD, Calif. — A California appellate court has overturned a lower court ruling that favored Tastries Bakery in a discrimination lawsuit involving a same-sex couple. The decision, issued by the Fifth District Court of Appeal, found that the Kern County Superior Court erred in its interpretation of state discrimination law.

Background of the Case

The lawsuit stems from a 2017 incident in which Cathy Miller, owner of Tastries Bakery in Bakersfield, refused to design a wedding cake for Eileen and Mireya Rodriguez-Del Rio, citing her religious beliefs. Miller instead referred the couple to another local bakery. The California Civil Rights Department subsequently sued, arguing that Miller’s actions violated the Unruh Civil Rights Act, which requires businesses to provide full and equal access regardless of protected characteristics, including sexual orientation.

In October 2022, the Hon. J. Eric Bradshaw of the Kern County Superior Court ruled in Miller’s favor, finding that she was not guilty of discrimination and that her cake designs constituted protected speech under the First Amendment. The state appealed the decision.

Appellate Court’s Findings

On February 11, 2025, the appellate court determined that the trial court misinterpreted the legal standard for intentional discrimination. It found that Tastries’ policy, which led to the refusal of service, was not neutral, as it required knowledge of a couple’s same-sex status before determining whether to provide service. The court also rejected the argument that Miller’s cake-making constituted pure speech, stating that “a three-tiered, plain white cake with no writing, engravings, adornments, symbols, or images is not pure speech.”

According to the appellate court, the referral of the couple to another bakery did not satisfy the Unruh Act’s requirement for equal access, noting that allowing such a practice could create a precedent enabling businesses to selectively refuse service based on protected characteristics.

The appellate court vacated the previous ruling and remanded the case for further proceedings. Becket, the law firm representing Miller, announced plans to appeal to the California Supreme Court.