Judge rules in favor of Tastries owner in discrimination case


A Kern County judge ruled in favor of Cathy Miller, owner of Tastries Bakery, 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 David 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 couple suing Miller, Eileen and Mireya Rodriguez-Del Rio, said Monday night they would release a statement at a later time.

In a statement to 17 News, an attorney for the couple said 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.

Tastries owner, Cathy Miller, was surprised at how quickly the ruling came following arguments presented in court on Friday.

“When our attorney called this evening we were shocked. Of course we had hope that it would come in our favor, but we knew the Lord was in control of this and we did what we were called to do,” Miller told 17’s Mary Kate Paquette Monday night. 

“Our bakery and our family feel very blessed that the judge ruled in our favor. Not to say that we want to be discriminatory, but we do need to stand up for our religious freedom and for our freedom of speech.”

Miller, will hold a press conference Tuesday morning answering questions about the ruling.

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