Judge: Wedding Cakes are Work of Art, Protected by First Amendment
Kern County Superior Court Judge David Lampe has ruled that owner Cathy Miller can continue to refuse to make wedding cakes for same sex couples.
“The State cannot succeed on the facts presented as a matter of law. The right to freedom of speech under the First Amendment outweighs the State’s interest in ensuring a freely accessible marketplace,” Lampe wrote in his ruling on Monday. “The right of freedom of thought guaranteed by the First Amendment includes the right to speak, and the right to refrain from speaking. Sometimes the most profound protest is silence.”
The case, which has received national attention, began in August when Miller — a conservative Christian — refused to make a wedding cake for Mireya and Eileen Rodriguez-Del Rio.
Miller said it went against her Christian beliefs to make a cake for a same sex couple.
The Rodriguez-Del Rioses made a complaint to the California Department of Fair Employment and Housing that Miller had violated the Unruh Civil Rights Act.
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