Supreme Court Rejects Request to Review Bakersfield Cake Case, Leaves in Place Decision Protecting the Rights of Same-Sex Couples Across California

SACRAMENTO – The California Civil Rights Department (CRD) today issued the following statement in response to the U.S. Supreme Court’s order denying review in Catharine Miller and Cathy’s Creations, Inc. v. Civil Rights Department:

“The U.S. Supreme Court’s order leaves in place a key appellate court decision that affirms the civil rights of people all across California,” said CRD Director Kevin Kish. “You cannot deny someone service by claiming a predesigned, multipurpose cake is protected speech. Every Californian is entitled to full and equal services at businesses in our state. I applaud Eileen and Mireya Rodriguez-Del Rio for speaking out and standing up for their rights. No matter your religion, sexual orientation, or other aspects of who you are, we’re committed to protecting all our communities from discrimination.”

Case Background

Under the California Unruh Civil Rights Act, businesses — like bakeries, restaurants, hospitals, and retail stores — are required to offer full and equal access to goods and services without discriminating against people based on protected characteristics, including sexual orientation. However, in 2017, a Bakersfield bakery known as “Tastries” refused to sell a generic, multi-purpose white cake to Eileen and Mireya Rodriguez-Del Rio, a lesbian couple from Bakersfield. The couple wanted to buy the predesigned cake to celebrate their wedding, but Tastries refused to sell them the cake based on its policy not to sell cakes for celebrations of same-sex unions. The couple then filed a complaint with CRD, alleging that Tastries refused to provide them service.

After investigating the complaint, CRD found cause to believe that Tastries had violated the law and sued the bakery in 2018. After the trial court ruled in favor of the bakery in late 2022, CRD appealed and the appellate court ruled in favor of the state earlier this year. The court of appeal’s decision also clarified that — in contrast to the custom web-design service at issue in the 303 Creative LLC case — a predesigned, multi-purpose cake does not count as protected speech. The California Supreme Court subsequently denied review of the appellate decision in May. Today’s denial by the U.S. Supreme Court leaves in place robust state civil rights protections that ensure all Californians are entitled to full and equal access to goods and services, regardless of their sexual orientation.

If you or someone you know has experienced discrimination, CRD may be able to assist you through its complaint process. The department also provides general information and factsheets online about civil rights protections, including with respect to civil rights at businesses.

You can learn more by reading California’s opposition to further review, the state appellate court’s decision, and CRD’s underlying lawsuit. You can read the order on the U.S. Supreme Court’s website. CRD was represented in the appellate proceedings by the Office of the Attorney General.

The California Civil Rights Department (CRD) is the state agency charged with enforcing California’s civil rights laws. CRD’s mission is to protect the people of California from unlawful discrimination in employment, housing, public accommodations, and state-funded programs and activities, and from hate violence and human trafficking. For more information, visit calcivilrights.ca.gov.

View Press Release (PDF) Supreme Court Rejects Request to Review Bakersfield Cake Case, Leaves in Place Decision Protecting the Rights of Same-Sex Couples Across California