Attorneys argue Tastries case at Fresno appeals court
Dec 17, 2024
BAKERSFIELD, Calif. (KGET) -- Attorneys presented oral arguments in Fresno Tuesday morning in the case of a Bakersfield baker who in 2017 refused to bake a wedding cake for a same-sex couple.
17 News' Jenny Huh was in the courtroom and will have more on this hearing.
The state is seeking to overturn a Kern County judge’s ruling in favor of Tastries owner Cathy Miller, while her attorneys will argue why the judge's decision should stand.
Each side was given 30 minutes to present their case before a three-judge panel of the 5th District Court of Appeal.
Attorney Eric Rassbach of The Becket Fund for Religious Liberty argued on behalf of Miller, while Carly Jean Munson presented the Office of the Attorney General's case.
The court will issue a ruling on a later date.
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Following a trial in 2022, Judge Eric Bradshaw found Miller’s “pure and expressive speech is entitled to protection under the First Amendment” and state attorneys failed to prove Miller intentionally discriminated against same-sex couple Eileen and Mireya Rodriguez-Del Rio because of their sexual orientation.
The state appealed, saying, "Every couple deserves to celebrate and mark their special occasions without fear of discrimination. Refusal to provide equal access to goods and services is against the law."
State attorneys argued at trial Miller violated the Unruh Civil Rights Act, which says all people, regardless of sexual orientation, must be given equal services at all businesses.
Miller’s lawyers said forcing her to make wedding cakes for same-sex couples would violate her religious beliefs that marriage should only occur between a man and a woman. They also argued the creation of a wedding cake is a form of artistic expression and the state cannot force a person to create a piece of art against their will.