A judge on Thursday denied a temporary
restraining order against a California baker who refused to serve a
The couple first shared their
experience in August in a Facebook post.
“Tastries Bakery … so we just went
with some friends to do a cake tasting for a wedding cake and we were
referred to another bakery,” they wrote. “Apparently they don't
'believe' in same sex marriage, so they refused to make the cake.
I'm not even sure how to react or feel right now. So just be aware
if you choose to spend your money there.”
According to Courthouse
News, the Department of Fair Employment and Housing filed the
complaint against Tastries and its owner, Cathy Miller, on behalf of
Eileen and Mireya Rodriguez-Del Rio.
In a statement posted on its Facebook
page before appearing in court, the bakery wrote: “We would like to
thank you for your continued support through our journey. Today we
were informed that the state of California has filed an emergency
hearing to proceed with a restraining order against Tastries Bakery.
At 8:30 a.m. tomorrow we will appear before a judge at the Kern
County courthouse. We would appreciate your prayers and
encouragement during this time.”
Kern County Superior Court Judge David
Lampe denied the state's request for a restraining order, but set a
February 2, 2018 hearing for a motion for a preliminary injunction.
According to a statement released by
The Freedom of Conscience Defense Fund, which is representing Miller
in the dispute, the order would have prohibited Miller “from
selling to anyone any item they are unwilling to sell.”
“California respects and celebrates
diverse religious beliefs and freedom of speech, but does not create
exceptions to its civil rights laws to allow businesses to
discriminate on the basis of sexual orientation,” Fair Employment
and Housing director Kevin Kish said in a statement.
“After a careful review of the
preliminary facts, DFEH concluded that legal intervention was
warranted to ensure equal access to services and prevent harm
resulting from discrimination until our investigation is complete,”
Miller told 23 ABC in August that
making a wedding cake for a gay couple would violate her conscience.
“Participating in a celebration of a
same-sex marriage goes against my conscience. I shouldn't be picked
on because of my beliefs,” Miller said.
The case is similar to one argued
earlier this month before the Supreme Court.
Kennedy sends mixed signals in “gay wedding cake” case.)