California Civil Rights Department v. Tastries Bakery

Tastries Bakery, owned by devout Christian Cathy Miller, faced legal action after declining to create a custom wedding cake for a same-sex couple in August 2017, explaining that, consistent with her Christian beliefs, she believes marriage is a union between one man and one woman. Miller, who specializes in custom baked goods, offered to refer the couple to another bakery, but they filed a discrimination complaint with California's Department of Fair Employment and Housing (DFEH), now the Civil Rights Department. This led to hate mail, violent threats, harassment, and an administrative investigation. Miller lost several employees as a result of ongoing harassment of her and her business. In February 2018, a Superior Court judge ruled in Miller's favor, invoking First Amendment protections. However, the state filed a civil lawsuit in November 2018, seeking to force Tastries to either bake same-sex wedding cakes or stop offering wedding cakes entirely.

The case went to trial in July 2022, where the Kern County Superior Court again sided with Miller, emphasizing artistic freedom and religious liberty. The state appealed, and in February 2025, a California appeals court reversed the decision, ruling that Miller could not refuse service for a generic cake. Miller's appeal to the California Supreme Court was denied on May 28, 2025. Represented by Thomas More Society and the Becket Fund for Religious Liberty, Miller plans to petition the U.S. Supreme Court to protect her First Amendment rights.