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By Nick Mordowanec
Staff Writer
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A Bakersfield, California, baker who in 2017 refused to design a custom wedding cake for a same-sex couple has petitioned the U.S. Supreme Court to halt what she and her lawyers described as continued "harassment" by the state.
The petition followed the California Supreme Court's decision not to review an appeals court ruling against Cathy Miller, the owner of Tastries Bakery, in May of this year.
"My love for Jesus Christ calls me to serve others with joy and compassion, and Tastries has been my way of answering that call for over a decade," Miller said in a statement. "I'm asking the Court to end California's harassment once and for all. All I want is to serve my neighbors as the Gospel of Jesus Christ calls me to without being forced to create messages that violate my beliefs."
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Miller is legally represented by Becket, LiMandri & Jonna LLP, and the Thomas More Society. They declined to comment further to Newsweek beyond drafted statements.
Why It Matters
The request, which raises questions pertaining to religious liberty claims and state anti-discrimination enforcement, comes amid other petitions asking the Supreme Court to revisit questions tied to same-sex marriage rights.
One separate case has involved former Kentucky clerk Kim Davis asking the conservative-leaning Court to reconsider the 2015 Obergefell v. Hodges decision that legalized same-sex marriage nationwide, drawing national attention and commentary about the court's willingness to revisit settled precedents.
In the case she began pursuing earlier this month, Davis and her legal counsel seek review of damages and argue broader First Amendment claims.
Davis has been famously tied to Obergefell, previously spending six days in jail due to her refusal to provide marriage certificates to same-sex couples on religious grounds.
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What To Know
Cathy Miller, a former teacher, has operated a custom cake and cookie business for over a decade and said she follows written design standards grounded in her Christian faith.
Her lawyers say that to make sure all her custom creations conformed to her religious beliefs, she developed written design standards in which her bakery would not design custom items that depict gory or pornographic images, celebrate drug use, or demean others, along with any wedding cakes that celebrate ideals that violate the Christian sacrament of marriage.
The current dispute began in 2017 after Miller told a same-sex couple that she could not design their wedding cake because of her religious beliefs and suggested another baker, a refusal that prompted an investigation and legal action by the California Civil Rights Department.
A trial court initially ruled in Miller's favor, finding her intent was based on religious belief rather than discriminatory animus. However, an appeals court later ruled against her, and the California Supreme Court declined to review the case, prompting her to petition the U.S. Supreme Court.
Her petition has been tied to the 2018 Masterpiece Cakeshop Supreme Court case that drew widespread attention after a cake shop owner refused to make a cake for a same-sex couple due to his faith. After the couple won under Colorado's anti-discrimination law, the baker appealed the state civil rights commission's ruling, arguing that it violated his First Amendment rights.
The Supreme Court agreed, reversing the state civil rights commission's decision in a 7-2 decision.
What People Are Saying
Adèle Keim, senior counsel at Becket, in a prepared statement: "Enough is enough. We're asking the Court to put a stop to this bullying campaign and let Cathy design in peace. Justice demands no less."
Charles LiMandri, partner at LiMandri & Jonna LLP and Thomas More Society special counsel, in a statement: "California is forcing Cathy to surrender her faith to the state's political agenda, taking away her ability to operate her business in alignment with her values and bring joy to others through her talented work. Despite Cathy's initial victory, appeals by the State of California have now left Cathy's religious freedom rights hanging in the balance. We are hopeful the U.S. Supreme Court will recognize this injustice and restore her right to live out and practice her faith."
Cathy's husband, Mike Miller, per the Thomas More Society: "Cathy has been the person that has stood on her principles and her faith as long as I've known her and I guess for her entire life."
The Millers' longtime pastor, Roger Spradlin, in a statement: "Cathy and Mike Miller are a wonderful couple that have been a part of our church for many, many years. But more importantly, they're people who love the Lord. They're people that are committed to Christ. They're committed not only in their belief, but more importantly, perhaps, in their behavior, to live Christian principles in a way that influences people around them to want to be Christians themselves."
What Happens Next
The U.S. Supreme Court will decide whether to grant a petition for a writ of certiorari in the Miller case. If it declines, the state court rulings from California will stand. If it accepts the petition, the case could be scheduled for briefing and, potentially, oral argument in a future term.
Updated 8/28/25, 1:24 p.m. ET: This article was updated with additional information.
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