Years-long Tastries Bakery lawsuit set to take even longer, as initial ruling reversed
BAKERSFIELD, Calif. (KGET) — The long-running Tastries Bakery case is about to get longer.
A state appeals court on Tuesday reversed a local judge's 2022 ruling, and another appeal is now headed to the California Supreme Court.
The three-judge panel in the appeals court unanimously ruled Tastries refusing to sell that wedding cake was 'intentional discrimination.'
Cathy Miller, owner of Tastries Bakery off Rosedale Highway, told 17 News it's business as usual, despite the years-long legal battle.
When you make your way inside the small shop, you're hit with the sweet smell of cakes, cookies and cherry turnovers.
And amid the timely red and pink Valentine's Day decor are proud displays of Miller's Christian faith — from a nativity scene, to crosses and signs on the wall, to Bibles for kids, to gospel music adding to the mellow ambiance.
There are even decorative cookies in the shapes of crosses, as well as those that read 'Jesus loves you.'
Miller was sued in 2017 by Eileen and Mireya Rodriguez-Del Rio — a lesbian couple — after refusing to provide a wedding cake for religious reasons.
'It's why is she doing it [that matters], and she's doing it because it's an act of conscience,' said Eric Rassbach with The Becket Fund for Religious Liberty, one of the attorneys for Miller and Tastries.
In 2022, Kern County Judge Eric Bradshaw ruled in favor of Miller, saying she cannot be forced to bake wedding cakes for same-sex couples, since baking a cake is expressive speech protected by the First Amendment.
But a state appeals court on Tuesday reversed the ruling.
Miller — who said should speak on-camera Wednesday — told 17 News she's very disappointed and saddened by the reversal.
'I can't have pork because I'm Muslim, or because I'm Jewish, I have to abstain from that, that's what my client is trying to do here,' said Rassbach. 'And that's very different than oh, I don't like a particular group of people, and I'm going to treat them poorly.'
In a statement, the California Civil Rights Department — representing the plaintiffs — said, 'This decision upholds the longstanding principle guaranteeing all Californians full and equal access to services and goods in the marketplace. I commend Eileen and Mireya Rodriguez-Del Rio for their commitment to this core civil right. No matter who you love, where you come from, or who you are, you are protected against discrimination.'
17 News reached out to the Rodriguez-Del Rios for comment but have not heard back for this story.
The appeals court said Miller's action violated state law — the Unruh Civil Rights Act — which states all people, regardless of factors like sexual orientation, age, ancestry, color and disability must get equal services at all businesses.
The justices ruled that just because Miller had no malice or ill will in refusing service does not prove there was no intentional discrimination.
Despite the intention — religious belief — there was still disparate treatment in service based on sexual orientation.
Furthermore, the appeals court also stated that First Amendment protections of free speech and expression don't apply in this case.
The Rodriguez-Del Rios and State of California say they wanted a plain, white cake with three tiers — which they say is a routine commercial product sold by Tastries for various events, not just weddings.
Miller counters that all of her baked goods require customization, and thus, her free speech and expression.
The appeals court ruled that because the cake was not an original, custom, creation, First Amendment protections are not applicable.
Rassbach told 17 News they will be appealing the case to the California Supreme Court. Should the state not take on the case, he said, Tastries will be seeking relief from the United States Supreme Court, since the First Amendment is involved.
'[This is] one of these culture war cases where the state of California sort of picked a fight with this baker and has been prosecuting her for seven years now,' Rassbach said.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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