Cakes back at the Court: Supreme Court to decide whether California can prosecute custom baker After enduring almost a decade of state targeting, Christian baker Cathy Miller turns to Supreme Court

WASHINGTON – A Christian baker from California asked the Supreme Court late yesterday to protect her right to create custom-designed wedding cakes that reflect her faith. In Cathy Miller v. Civil Rights Department, California opened an investigation into Cathy Miller after she explained to a same-sex couple that her faith did not allow her to personally design their wedding cake. For almost a decade, California has ridiculed Cathy for her religious beliefs about marriage and argued that Cathy’s actions harm “the dignity of all Californians.” (Watch this video to learn more). Becket, LiMandri & Jonna LLP, and the Thomas More Society are working to protect Cathy’s ability to design and create custom baked goods in peace. 

Cathy Miller is a faithful Christian and baker. For over a decade, Cathy has brought her unique touch to custom cakes and cookies at Tastries Bakery in Bakersfield. As a former teacher, Cathy’s process for designing wedding cakes is unique: she meets with each couple for over an hour and spends time teaching them the religious and symbolic meaning behind the wedding cake they’re commissioning to celebrate their union. 

To make sure all her custom creations conformed to her religious beliefs, Cathy developed written design standards. For example, Tastries will not design custom bakery items that depict gory or pornographic images, celebrate drug use, or demean others. Cathy will also not design wedding cakes that celebrate ideals that violate the Christian sacrament of marriage. But in 2017, the California Civil Rights Department sued Cathy after she told a same-sex couple that she could not personally design and create their wedding cake and offered to put them in touch with another custom baker. In the days and weeks that followed, Tastries was flooded with angry social media posts, death threats, and harassing emails and phone calls.  

California put Cathy through a five-day trial. The trial court ruled for Cathy, finding that she “serve[d], and employ[ed]” people of all sexual orientations, that her “only intent, her only motivation, was fidelity to her sincere Christian beliefs,” and that this was not discrimination under California law. But California continued to prosecute Cathy. Earlier this year, a California appeals court ruled against Cathy, and the state Supreme Court refused to hear her case. 

Statements for media use: 

“My love for Jesus Christ calls me to serve others with joy and compassion, and Tastries has been my way of answering that call for over a decade,” said Cathy Miller, owner of Tastries Bakery in Bakersfield, California. “I’m asking the Court to end California’s harassment once and for all. All I want is to serve my neighbors as the Gospel of Jesus Christ calls me to without being forced to create messages that violate my beliefs.” 

“For eight long years, California has treated Cathy like an enemy—dragging her through court, smearing her name, and trying to force her to violate her faith,” said Adèle Keim, senior counsel at Becket. “Enough is enough. We’re asking the Court to put a stop to this bullying campaign and let Cathy design in peace. Justice demands no less.” 

“California is forcing Cathy to surrender her faith to the state’s political agenda, taking away her ability to operate her business in alignment with her values and bring joy to others through her talented work,” said Charles LiMandri, Partner at LiMandri & Jonna LLP and Thomas More Society Special Counsel. “Despite Cathy’s initial victory, appeals by the State of California have now left Cathy’s religious freedom rights hanging in the balance. We are hopeful the U.S. Supreme Court will recognize this injustice and restore her right to live out and practice her faith.” 

Cathy is represented by Becket, LiMandri & Jonna LLP, and the Thomas More Society.  

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at [email protected] or 202-349-7219.