New details in discrimination case against local baker who refused to make same-sex wedding cake

BAKERSFIELD, Calif. - New details in the case of a local baker who refused to make a wedding cake for a same-sex couple. The attorney representing Cathy Miller, owner of Tastries Bakery, filed an anti-SLAPP motion Friday, asking for the case to be dismissed.  

The Freedom of Conscience Defense Fund states if approved, the motion would keep the case in Judge David Lampe's court. FCDF also states it would prevent the state from taking new legal action. 

A hearing is scheduled next month. 

Judge Lampe ruled in favor of Miller Monday in an ongoing dispute over refusing to bake a cake for a same-sex couple.

The court ruled the state could not force Miller to bake a cake that would directly go against her beliefs.

One of the factors in the case, the judge ruled, was that the cake had not been baked for the couple and was not on sale.

If Miller had refused to sell the couple a cake on display then the act would be discriminatory.

The judge stated an order from the state to compel someone to directly go against their beliefs would be "the stuff of tyranny."

Judge Lampe also stated in the eight-page ruling: "For this court to force such compliance would do violence to the essentials of Free Speech guaranteed under the First Amendment."

The attorney representing the couple suing Miller, Eileen and Mireya Rodriguez-Del Rio, said Monday the judge's ruling was "not a total surprise."

"This is only the beginning. It is just one battle in the war against discrimination," the attorney said.


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