A Kern County judge ruled a Rosedale Highway business owner acted lawfully five years ago when she refused to make a wedding cake for a local lesbian couple before referring them to a different bakery.
On Friday, Judge Eric Bradshaw issued a verdict finding the state Department of Fair Housing and Employment failed to prove Tastries Bakery owner Catharine “Cathy” Miller intentionally discriminated against Eileen and Mireya Rodriguez-Del Rio in violation of California’s Unruh Civil Rights Act.
According to Bakersfield.com, the plaintiff, the DFEH, said through a spokeswoman only that it was aware of the ruling but had not determine what to do next.
Eileen Rodriguez-Del Rio indicated she and her wife expect an appeal.
The couple posted on social media that they had been told by Miller that her design standards ruled out making a cake celebrating their marriage.
Bradshaw’s ruling found the wedding cakes Tastries sells represent “pure speech” designed and intended as an artistic expression in support of union in the sacrament of marriage. He noted Miller’s design standard had made that explicit before the already-married couple came to the bakery to buy a cake they planned to share with friends and family at a celebration of their renewal of vows.