Cathy Miller, the owner of Tastries Bakery, filed an opposition brief last Friday in state court in response to the State of California’s legal fight to force her either to design wedding cakes promoting messages she disagrees with or to stop creating wedding cakes altogether.
Last August, two women came into Cathy’s shop and requested that she design a wedding cake celebrating their marriage, even though they had already been married. Cathy respectfully let the couple know that designing a custom cake that celebrated same-sex marriage violated her religious beliefs about marriage. She then referred the couple to another local cake designer who would create their cake. The two women promptly left the shop and posted about their interaction with Cathy on social media. Cathy and her employees then began receiving hate messages and death threats.
Two months later, the women filed a complaint with California’s Department of Fair Employment and Housing (DFEH), alleging that Cathy had violated the Unruh Act by supposedly discriminating on the basis of sexual orientation. Shortly after, the DFEH launched a formal investigation of Cathy and last month filed a surprise motion for a temporary restraining order to force Cathy to create custom wedding cakes celebrating same-sex marriages.
But the superior court judge denied the government’s request because he had not yet heard Cathy’s version of what happened and there was no urgency justifying a TRO since the same-sex couple wanted a wedding cake last August. The judge also acknowledged that the case could affect Cathy’s constitutional rights and warranted to hear Cathy’s defense before ruling. The judge then ordered the government to show cause on why the court should issue an injunction against Cathy.
The Freedom of Conscience Defense Fund (FCDF) is defending Cathy and filed the opposition on her behalf. The brief argues three main points:
- Cathy did not discriminate based on sexual orientation and did not violate the Unruh Act. In fact, Cathy is willing to serve all people regardless of their sexual orientation. She just cannot promote every message requested of her;
Cathy cannot be forced to celebrate messages or events that violate her sincerely held religious beliefs about marriage; and
Cathy’s free speech and conscience rights are protected under the U.S. and California constitutions.
Charles LiMandri, FCDF’s President and Chief Counsel, said:
By this opposition brief, Cathy is showing that she will not back down from government officials who are bent on destroying her and her business. Cathy’s sincerely held beliefs inspire her work as a cake artist, and every wedding cake she designs is a reflection of those beliefs. As we argue in our brief, the state and federal constitutions prevent the government from forcing Cathy to celebrate events that violate her faith.
Cathy will be next in court on Friday, February 2nd when the judge will hear arguments from both sides on whether he should grant the government’s request for an injunction. LiMandri will be arguing on Miller’s behalf.
Full story at Freedom of Conscience Defense Fund.
Perhaps live and let live? In my opinion, as presented, this article presents the couple as looking for a fight.
I disagree with the practices/policies of certain major companies. I choose to go elsewhere for products or services I am shopping for. I have yet to find an item I could not find elsewhere.
Most of them are looking for a fight. They demand you affirm them; the plea for “tolerance” was a ploy. They love complaining on social media about their victimhood. They love suing even more.
In some companies an employee will be/has been reprimanded for not showing sufficient enthusiasm for someone in a homosexual union at a company party or gathering with spouses. It’s not enough anymore for you to mind your own business and keep your mouth shut about your opinion: you will be compelled by HR to enthusiastically celebrate and affirm the homosexual coworker and “spouse” whenever the occasion arises.
Mike … As one of “Them” let me say that I don’t have much of a sob story. Yeah a little “Oooh you’re gay???” with a sneer in high school, an older distant relative getting stiff when he realized that Helen wasn’t n “just a friend,” but others do. They were kicked out of the family or church,sent to a de programing concentration camp, physically threatened or attacked etc. While I might shrug off a relatively minor bit of discrimination, other people get mad and look for whatever legal remedies the have. Also, where did you get your info on the weird story about company parties? It sounds like it’s off of some Right Wing Holy Roller Fundamentalist website
Destroying a business and a person’s livelihood for upholding the Christian faith is a legal remedy? Am I missing something?
Dan, there used to be a shopping mall that was doing very well until the LGBT groups started to take it over. People stopped shopping there with their children because they did not want them exposed to such “flamboyant” behavior. A few months ago I went by there, and the place had been razed to the ground with only one building still standing that was going to be torn down. Push people too far and spontaneous boycotts can be a beautiful thing.
Mike, you are right. Many workplaces demand more than politeness, ask the San Diego firefighters who got punished for refusing to participate in a “Pride Parade”. Yes C&H, these discriminations happen too because homosexualist apologists refuse to “tolerate” opinion contrary to their own.
Yes, silence or lack of participation is now construed by HR as disapproval. You must give explicit approval to homosexuality in the workplace now and your silence will be considered evidence of your disapproval and intolerance.
Kristin … What I describe goes far beyond mere “discrimination” It’s been going on long before there were Pride Parades or the San Diego case. I thank God I was born into a loving family and parish in the tolerant state of California.
The firemen won their lawsuit. The lesbian captain who forced them to go should have been fired as it had nothing to do with any safety issues. I do not know if she was.
C & H, most people are willing to live and let live, but when you push them too far, they are going to retaliate. Everyone has rights.
C&H, the state of CA is not as tolerant as you think. People not in moral or material cooperation with the homosexual agenda are being persecuted – and prosecuted, for their faith. Not all martyrs must die for their beliefs, some have their reputations and livelihoods ruined. Standing for moral truth – no such thing as same sex marriage – does not make one a discriminator, but just might make one a saint.
Gays always talk about opposing hate yet hate and wish to destroy anybody who disagrees with them
Sodom and Gomorrah AND California.
California IS Sodom & Gomorrah…….in other words, a libtard fantasy land.
Gays and lesbians have no problem forcing Christians into uncomfortable situations. If my gay male hair stylist refused to cut my hair because I’m Catholic, I would understand and take my business elsewhere.
Roberta,
If your hairstylist doesn’t like you, I’d think about getting another stylist. You probably won’t get his best effort.
Roberta … You are very understanding. However as a member of the gay community I’d tell him he shouldn’t prejudge Catholics just like people shouldn’t prejudge us.
This is terrible. She told them respectfully that she couldn’t do the cake, but recommended them to a different bakery. Then they start a fight. Terrible
This cake case is about much more than just the baking of cake and has far larger implications to the rights of people who wish to hold on to their freedom of religious expression on long held beliefs. Just think America fought in two World Wars to protect freedom from oppressive and evil forces. What would those brave soldiers that fought in those two wars think of what is happening in America today. I urge the residents of California to support Cathy Miller the owner of Tastries Bakery. Woe to those that call evil good and good evil. Turn to a God of love and mercy. Repent and convert. Pray America Pray. Pray Pray Pray!
Watchman, You are so right
Obama’s liberal justces are siding with sin, siding against christians and God’s morals and values. Without sorrow, penance, and amedment to committing more sins, and forgiveness, they are doomed. Hell’s fire gnashing of their teeth and sffering will last forever!
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What is wrong with “We reserve the right to refuse service to anyone”?
That right only applies to liberals now who don’t want to provide services to conservatives.
Nothing, nothing at all. The theme is freedom, specifically freedom of association.
Our Lady of Guadalupe and Blessed Junipero Serra, please pray for us in California.
Liberty wins