California appeals court rules against baker who refused to sell plain cake to lesbian couple
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APPEALS COURT AFFIRMS CIVIL RIGHTS DEPARTMENT CASE AGAINST BAKERY
A state appeals court judge this week upheld the California Civil Rights Department’s (CRD) case against a Bakersfield bakery that refused to sell a plain, unadorned white cake to a lesbian couple to celebrate their wedding.
You can read the ruling here.
The lawsuit was filed on behalf of Eileen Rodriguez-Del Rio and Mireya Rodriguez-Del Rio, who had attempted to purchase the aforementioned plain wedding cake from Tastries Bakery and were denied because they were a same-sex couple.
The appeals court ruling overturns a lower court decision that had ruled that CRD failed to prove that there was intentional discrimination, and that owner of the bakery, Catharine Miller, referring the couple to another bakery to make their purchase “constituted full and equal access” under California’s civil rights law.
The lower court had also concluded that the preparation of a preordered cake, even an un-decorated one, always constitutes expression under the First Amendment.
The appeals court judge wrote that the lower court erred in its determination that the Tastries policy was neutral.
“Application of the policy here pivots upon the sexual orientation of the end user — the policy cannot apply or operate until the same-sex status of the couple is identified. Despite that the underlying rationale for the policy is rooted in a sincerely held religious belief about marriage, held in good faith without ill will or malice, the policy nonetheless requires a distinction in service that is based solely on, and because of, the end users’ sexual orientation,” the ruling read.
The appeals court also ruled that a plain white cake is not protected by the First Amendment.
“A three-tiered, plain white cake with no writing, engravings, adornments, symbols or images is not pure speech,” the ruling read.
CRD Director Kevin Kish praised the court’s decision as upholding “the longstanding principle guaranteeing all Californians full and equal access to services and goods in the marketplace.”
He also commended the Rodriguez-Del Rios for their commitment to their civil rights.
“No matter who you love, where you come from, or who you are, you are protected against discrimination,” Kish said.
Miller was represented by the Becket Fund for Religious Liberty, which has described Miller as a “faithful Christian” on their website.
“Miller believes that her bakery is ‘God’s business.’ Her bakery’s mission statement is to ‘honor God in all that we do,’ and her Christian faith influences everything from the Bible verses she puts on her business cards to the music she plays in the shop,” the website reads. “Early on, she realized that sometimes customers would ask her to bake things that her faith forbids, so she developed written design standards to ensure that all of Tastries’ custom bakery items reflect her religious beliefs.”
FRESNO CONGRESSMAN TEAMS UP WITH GOP COLLEAGUE TO HELP POULTRY PRODUCERS
Via David Lightman...
Democrat Jim Costa of Fresno and Republican Mark Alford of Missouri Wednesday teamed up to propose legislation to help poultry producers whose flocks could be affected by avian flu.
The spread of the disease has caused egg prices to soar. The federal Bureau of Labor Statistics reported Wednesday that during January, egg prices were up 15.2%.
The federal Animal and Plant Health Inspection Service offers indemnity and compensation to producers whose flocks are classified as “affected, suspect, or exposed” to bird flu, the lawmakers said in a statement.
But, they added, “under the existing system, farms within federally designated control areas, which include both infected zones and surrounding buffer zones may not qualify for compensation if their flocks remain uninfected but are still subject to stringent movement restrictions and production losses.”
Their bill says that the inspection service must “compensate all poultry growers and laying facilities within a control area, including those in buffer zones with non-infected poultry.”
The compensation would be based on a producer’s average income from its five most recent flocks. That system, the congressmen said, would “better reflect economic losses.”
“The San Joaquin Valley is the heart of California agriculture, and our poultry farmers are on the front lines of the avian flu crisis. When they face challenges, we all pay the price—from farms to grocery stores,” Costa said.
The bill also has bipartisan backing in the Senate, where it’s sponsored by Sens. Chris Coons, D-Delaware, and Roger Wicker, R-Mississippi.
QUOTE OF THE DAY
“With Trump back in office and anti-abortion extremists more emboldened than ever to attack our rights and freedoms, we now need the entire legislature to follow suit and champion policies that will ensure every single person in California can get the care they need.”
- Elizabeth Schoetz of Reproductive Freedom for All California, in a statement revealing that organization’s 2024 legislative scorecard.
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