State Secures Court Order Protecting the Rights of Same-Sex Couples in Bakersfield Wedding Cake Case

SACRAMENTO – The California Civil Rights Department (CRD) today announced securing a decision from the California Fifth Appellate District that protects same-sex couples from discrimination based on their sexual orientation at businesses in the state. The decision centers around a lawsuit filed by CRD after a bakery in Bakersfield refused to sell a plain, unadorned white cake to a lesbian couple to celebrate their wedding. The court order in Civil Rights Department v. Cathy’s Creations, Inc. makes it clear that all Californians are entitled to full and equal access to businesses regardless of their sexual orientation.

“This decision upholds the longstanding principle guaranteeing all Californians full and equal access to services and goods in the marketplace,” said CRD Director Kevin Kish. “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.”

Case Background

Under the 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 plain, multi-purpose white cake to Eileen and Mireya Rodriguez-Del Rio, a lesbian couple from Bakersfield. The couple were attempting to purchase a plain white cake for their wedding, but Tastries refused them the cake based on their policy to not sell cakes for same-sex unions. Just weeks after the incident, the couple 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. The trial court ruled in favor of the bakery in late 2022, and CRD appealed the trial court’s decision.

What Now?

In a 74-page, newly published opinion, the California Fifth Appellate District ultimately agreed with CRD’s arguments, ruling that:

• The “undisputed facts about [Tastries’] policy and its application . . . establish[ed] intentional discrimination” based on sexual orientation.
• Tastries’ referral of the Rodriguez-Del Rios to a separate business did not satisfy the Unruh Act’s “full and equal access requirement.”
• Tastries’ “refusal to provide the Rodriguez-Del Rios the predesigned, multi-purpose white cake requested was not protected expression under the federal Constitution’s free speech guarantee.”

The appellate court’s decision vacates the trial court’s order and remands the case for further proceedings consistent with the court’s opinion, ensuring the state’s robust protections under the Unruh Civil Rights Act remain in effect.

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.

A copy of the court’s decision is available here. CRD was represented in the appeal 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.

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