CJ court watch - does the 1st Amendment apply in California?
Miller v. Civil Rights Department, No. 25-233 is a case the Supreme Court may agree to review. The docket is herewith linked. The petition for certiorari says
Cathy Miller is the sole owner and operator of Cathyâs Creations, Inc., a small bakery in Bakersfield that does business as Tastries Bakery. App.377a-378a. In addition to selling ready-to-eat baked goods and Christian books and gifts, Miller and her staff also make custom-designed baked goods for special events like birthdays, quinceaĂąeras, and weddings***
After Miller opened her bakery in 2013, she began receiving requests for custom projects that âwere not in line withâ her faith. *** Miller turned these requests down. App.386a-387a, 396a. She then consulted with her pastor to create Tastriesâ Design Standards, which she uses to communicate her policies to both employees and customers. App.386a-387a, 394a-395a. The Design Standards refer to Millerâs mission to create âcustom designs that are Creative, Uplifting, Inspirational and Affirming,â and that are âlovely, praiseworthy, or of good report.â App.276a-277a. Millerâs mission is rooted in the Bible. Ibid. (quoting Philippians 4:8). The Design Standards state that Tastries âdo[es] not accept requestsâ for baked goods âportraying explicit sexual content,â âpromoting marijuana or casual drug use,â âfeaturing alcohol products or drunkenness,â âdepicting gore, witches, spirits, and satanic or demonic content,â or âthat violate fundamental Christian princip[les].â Ibid. The standards also state that âwedding cakes must not contradict Godâs sacrament of marriage between a man and a woman.â Ibid. Miller updates her Design Standards â[e]ach yearâ to address new types of requests for custom goods that conflict with her faith.***
There are no standardized, off-the-shelf wedding cakes available from Tastriesâevery wedding cake is custom-made. Miller keeps non-edible examples of possible designs around her store, each of which are original creations.***
Mireya and Eileen Rodriguez-Del Rio entered a legal marriage in December 2016, as they wished to âget married before [Donald Trump] goes into presidency because we will be denied that option.â App.373a-374a. But they still wanted to âexchange vows in front ofâ their âextended family and friends from out of townâ and âhave a reception,â all as part of a âtraditionalâ wedding. App.364a, 372a.***
Of course, they wanted Miller to make them a cake with two women on top. Miller declined.
Over the following months, Miller received hundreds of messages calling her âscum,â a âhateful c[**]tâ â[h]iding behind God,â and wishing her dreams filled with âmen having hot anal sex on a cross.â App.324a. One woman told Miller that âJesus himself will condemn you to hellâ and that âother religions hate Christians, because they are bigoted, sexist and racist.â App.323a. Another person told Miller that â[b]igotted [sic] scum like you do not deserve to feel safeâ and that â[b]ricks through the window can serve as excellent reminders that you are not welcome in our modern society.â App.321a. Another man repeatedly posted threats, saying âI hope someone violently rapes you. God knows you deserve it.â App.322a. The bakery also received many other malicious emails and phone calls that included pornographic images and threats to assault or rape Miller and her young female employees. App.381a-382a, 361a-362a. Miller lost half of her employees due to the ongoing harassment. App.381a382a. She also lost several corporate contracts. App.402a-403a.
On the evening before the preliminary injunction hearing in this case, one of Millerâs employees was violently assaulted behind the bakery by a man who referred to this litigation during the attack. ***
The Rodriguez-Del Rios held their ceremony on October 7, 2017. App.371a. For their wedding cake, the couple ultimately chose âa three-layer cakeâ where the top layer was ârealâ for use in the cake cutting ceremony, while âthe other two layers were * * * Styrofoam.â App.372a. That cake was made for free by a former Tastries employee. App.349a-352a, 372a. She stated that the cake she made was a âbeautifulâ cake that she was âproud of.â She wanted to post a picture of their wedding cake on Instagram, but the Rodriguez Del-Rios advised her âitâs not a good ideaâ after âspeak[ing] to their lawyer.â App.349a-350a. The baker said she considered herself a cake artist,â and that the cake she created was âart.â App.354a-356a.***
On October 18, 2017, the Rodriguez-Del Rios filed a complaint against Petitioners with Respondent Civil Rights Department. App.316a-319a. On October 26, 2017, the Department notified Petitioners that it had opened an investigation. App.307a-315a.
On December 13, 2017, the Department brought a first lawsuit against Petitioners under Californiaâs public accommodations law, the Unruh Civil Rights Act, California Civil Code Section 51 (the âActâ), alleging unlawful sexual orientation discrimination. The Department sought a preliminary injunction in the Kern County Superior Court, which the court denied.***
While that appeal was ongoing, the Department filed a second lawsuitâthis actionâon October 17, 2018, alleging that Petitioners had violated the Act, seeking fines and an order prohibiting Petitionersâ conduct. App.121a-122a.***
California appealed all rulings in favor of Miller. The state court of appeals ruled in favor of the state and required her to bake and decorate cakes to which she had strong, sincere moral objections. The state supreme court refused to review the lower court rulings.
If the Miller facts sound a lot like Masterpiece Cakeshop, Ltd. v.
Colorado C.R. Commân, 584 U.S. 617 (2018) and 303 Creative LLC v. Elenis, 600 U.S. 570 (2023), there's a reason for that. The Supreme Court has repeatedly affirmed that the 1st Amendment means states can't trample on one's free exercise of religion. States can't force people to support or participate in marriages to which they have religious objections.
Pretty clearly, the Supreme Court is going to vacate or reverse the lower court rulings. The interesting aspect of Miller's case is raising the issue of whether Employment Div. v. Smith, 494 U.S. 872 (1990) should be overruled. That case was about an Indian in Oregon who was denied unemployment benefits because he consumed peyote in a religious ritual. The Court ruled that because Oregon's law was neutral toward religion and generally applicable, it did not violate the man's right to free exercise. Lower courts have routinely misused Smith in order to deny free exercise.
The state has not filed a response to Miller's petition yet. The response is not due until 29oct25.