California court rules in favor of Christian Baker in same-sex wedding cake case
California’s Unruh statute “gives protections in opposition to discrimination by all California companies, together with properties and public lodgings, primarily based on age, ethnicity, coloration, incapacity, nationwide origin, race, faith, intercourse, and sexual orientation.”
Paul Jonna, particular counsel for the Thomas Extra Society, informed CNA the group was stunned the state went up to now after the Supreme Court docket lifted the injunction.
“We form of figured the state would see the writing on the wall and drop the case on the time. Sadly they did not; They filed a brand new lawsuit and litigated aggressively for a number of years,” Jonna stated.
Miller’s spiritual practices protected by First Modification
In July of this yr, attorneys for the Thomas Extra Society represented Miller in state courtroom, arguing that the First Modification protects Miller’s rights to freedom of speech and faith in her enterprise practices.
Miller has a long-standing coverage of refusing to bake truffles that go in opposition to her Christian beliefs, that are detailed in her worker handbook. This consists of, for instance, their refusal to bake truffles that publicize marijuana or obscene sexual photographs.
“She did not make distinctions primarily based on sexual orientation, she made distinctions primarily based on messages that violate her honest perception,” Jonna stated.
Jonna famous that Miller “had no downside” ministering to folks primarily based on their sexual orientation.
“It is the message celebrating same-sex marriage that she objected to,” he stated.
The state courtroom discovered that not solely did Miller not discriminate, however that her enterprise practices of not making truffles to have fun same-sex marriage had been “protected speech,” Jonna defined.
On October 21, the state courtroom dominated once more in Miller’s favour, noting that the DFEH “could not show that [she] Intentionally discriminated in opposition to Eileen and Mireya due to their sexual orientation.”
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The ruling additionally states that “Miller’s sole intention, her sole motivation, was constancy to her honest Christian religion” within the sanctity of marriage.
“It concludes not solely that Cathy didn’t violate the Unruh Act, however that the First Modification protected her anyway,” Jonna stated.
Whereas Jonna says the lesbian couple are anticipated to enchantment the case, he says it bodes effectively for these going through related circumstances within the state.
“After all we give God all of the credit score, honor and glory,” Jonna stated. “However we predict we had a reasonably good crew of legal professionals and a great choose.”
Jonna recalled that the Thomas Extra Society received three instances in opposition to California Gov. Gavin Newsom when he was closing church buildings within the state.
“The state is doing a lot that’s so egregious and so blatantly illegal that every one it takes is folks prepared to come back ahead and a great public curiosity legislation agency just like the Thomas Extra Society prepared to take the case.” take over,” Jonna stated.