Hell just froze over: CA judge rules in favor of Christian baker who refused to bake wedding cake for lesbians

In October 2017, two lesbians, Eileen and Mireya Rodriquez-Del Rio, sought to buy a wedding cake from Tastries Bakery in Bakersfield, CA, for their upcoming same-sex marriage.

Mireya and Eileen Rodriquez-Del Rio

The owner of the bakery, Cathy Miller, said she must decline “because she does not condone same-sex marriage,” but that she would send their order to another bakery, Gimme Some Sugar.

The lesbians filed a complaint before California’s Department of Fair Employment and Housing (DFEH), which sided with the lesbian couple and ordered Miller to provide the cake on the grounds that:

  • Miller had violated California’s Unruh Civil Rights Act, which bars discrimination in public accommodations, in this case the baking and selling of a cake.
  • Miller is not protected by the First Amendment, which protects only “those occasions where government requires a speaker to disseminate another’s message”.

Source: Washington Post

On February 5, 2018, California Superior Court Judge David R. Lampe ruled in favor of Cathy Miller. Judge Lampe wrote in his decision:

“The State of California brings this action under the Unruh Civil Rights Act, Civil Code section 51, against defendants Cathy’s Creations, Inc. and Cathy Miller. Miller refuses to design and create wedding cakes to be used in the celebration of same sex marriages. She
believes that such marriages violate her deeply held religious convictions. The State seeks to enjoin this conduct as unlawfully discriminatory. The State brings the action upon the administrative complaint of a same-sex married couple, complainants Rodriquez-Del Rios.
The State cannot succeed on the facts presented as a matter of law. The right to freedom of speech under the First Amendment outweighs the State’s interest in ensuring a freely accessible marketplace.
The right of freedom of thought guaranteed by the First Amendment includes the right to speak, and the right to refrain from speaking. Sometimes the most  profound protest is silence. […]
The State’s purpose to ensure an accessible public marketplace free from discrimination is a laudable and necessary public goal. […] No artist, having placed their work for public sale, may refuse to sell for an unlawful discriminatory purpose. No baker may place their wares in a public display case, open their shop, and then refuse to sell because of race, religion, gender, or gender identification.

The difference here is that the cake in question is not yet baked. The State is not petitioning the court to order defendants to sell a cake. The State asks this court to compel Miller to use her talents to design and create a cake she has not yet conceived with the knowledge that her work will be displayed in celebration of a marital union her religion forbids. For this court to force such compliance would do violence to the essentials of Free Speech guaranteed under the First Amendment. […]

Such an order would be the stuff of tyranny. Both sides advocate with strong and heartfelt beliefs, and this court has a duty to ensure that all are given the freedom to speak them. The government must remain neutral in the marketplace of ideas.1

No matter how the court should rule, one side or the other may be visited with some degree of hurt, insult, and indignity. The court finds that any harm here is equal to either complainants or defendant Miller, one way or the other. If anything, the harm to Miller is the greater harm, because it carries significant economic consequences. When one feels injured, insulted, or angered by the words or expressive conduct of others, the harm is many times self—inflicted. The most effective Free Speech in the family of our nation is when we speak and listen with respect. In any case, the court cannot guarantee that no one will be harmed when the law is enforced. Quite the contrary, when the law is enforced, someone necessarily loses. Nevertheless, the court’s duty is to the law. Whenever anyone exercises the right of Free Speech, someone else may be angered or hurt. This is the nature of a free society under our Constitution.

Judge David Lampe’s ruling will be a precedent for the U.S. Supreme Court to consider in Masterpiece Cakeshop v. Colorado Civil Rights Commission, wherein Colorado baker Jack C. Phillips argues that the First Amendment’s free speech and free exercise of religion clauses give him the right to refuse wedding services to a same-sex couple, despite public accommodations laws that require businesses that are open to the public to treat all potential customers equally.

Phillips has the support of the Trump administration, marking the first time the U.S. government has argued for an exemption to an anti-discrimination law.

David R. Lampe, who has a J.D. from Santa Clara University School of Law, was appointed by Gov. Arnold Schwarzenegger (R) in June 2007 to the Superior Court of Kern County, California.

God bless Judge Lampe!

~Eowyn

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59 responses to “Hell just froze over: CA judge rules in favor of Christian baker who refused to bake wedding cake for lesbians

  1. It appears some sanity is returning to Earth.

    Liked by 8 people

  2. Here comes the judge: no bake no cake for butch. Hahahaha, I drink to that.

    Liked by 3 people

  3. Must be a plant from another state got in under the radar and is overturning the stupidity of the States lower courts. Thank you Lord for a moment of sanity.

    Liked by 5 people

  4. So, what happens to the baker who was socked with a huge, unaffordable fine, and ended up losing their business? It’s time for activist judges to quit “setting precedence” via their personal beliefs and respect our Constitution and standing law.

    Liked by 8 people

  5. You can refuse service to anyone, unless they’re perverts. Perverts get “special” treatment. We want to encourage perversion.

    Liked by 6 people

  6. The rebirth of good versus evil. Ladies, bake your own cake and eat it.

    Liked by 7 people

  7. All this white noise and lawsuits – What ever happened to “No Shirt, No Shoes, No Service”, and the management has the discretion to serve or not to serve you?

    Liked by 7 people

  8. Judge David Lampe sure is shining a great LIGHT, eh? Awesome! Thank God there are still some sane clear thinking judges in California…I had lost hope for that state. Good for him! We must pray for him that he doesn’t get kicked out of his job. His opinion is absolutely true.

    Liked by 7 people

    • FINALLY….a judge recognizes that some people possess skills/talent in certain areas…& when they set up to use those as a business, the skills and talents can NOT BE coerced by law into making them use these skills and talents in a way that would defile their religious beliefs…or even their own sensitivities/values/moral convictions. I totally AGREE w/very astute/SANE judge that recognizes the difference betw a cake already baked & set out for sale in their shop to the general public…& a cake/work of art that is a special-order, an idea requested of them by a prospective buyer….and the cake is NOT yet baked, but is only an “idea.” In this case, an unbaked cake, an idea conceived by 2 lesbians who are to marry each other….and NOT the idea of the business-owner-baker. In this way, then….if forced to do so….the law is forcing the baker to use talents/skills to execute an idea, a work of art, repugnant to religious and personally-held moral beliefs. I believe the judge, by recognizing that this cake-baker was an artist with specialized skills/talents, is on to something: no law, state or federal, should EVER force an artist into creating something that goes against personal religious beliefs or moral convictions………it would be akin to some sort of human “trafficking” …you use your “talents” or assets in the way that “we” tell you to use them, OR ELSE……It would be akin to personal “intellectual” ideas (free speech) being forced to be abandoned in lieu of executing (with your skills and training) the “intellectual ideas” of others with whom you disagree on a religious & moral level—or suffer the full penalty and weight/force of the federal government upon your neck, your family, your business, your free speech, your talents. Let’s get out of “art” skills for the moment: what if you were a welder (tho’ I believe this is a great ART) and someone came to you with an order for an intricate “sex torture rack,” and you refused to fulfill this order due to your moral beliefs. Are you going to be hauled through the court system for this….not very likely….but for “softer” freedom of speech issues regarding LGBT—PROBABLY. If you want any more backing to where this crap is leading us…please read the “Rape of Europa” that details what happens when a centralized and powerful, in many ways “alternative” government decides what is “art” is and what it is NOT.

      I have been particularly interested in these LGBT wedding cake cases b/c, I am a professionally-trained artist and highly qualified (per public school requirements) art teacher. I believe, like me, most of these bakers have studied their art of cake decoration, and culinary arts, either in professional classes or through many years of “internships” and training in various professional bakeries. If ever I would refuse to execute a painting (think porn or “peculiar” subjects) about a subject presented to me by someone with values/religious beliefs that go against my religious or moral values…….I would rather go to jail….or to the Supreme Court (a long, sad, lonely, bankrupt path) than be FORCED by law to use my trained skills and talents to satisfy those requests…which are NOT anything I’d EVER paint and put out for sale to the general public. AS the judge pointed out….this is MY RIGHT to silence….which is ALSO a part of “freedom of speech.” So, in other words….I would decline using my skills and talents and business to promote/fulfill someone else’s ideas that are repugnant to my own…and would NEVER be executed by me otherwise.

      Liked by 2 people

      • CalGirl . . . . Congratulations! Your post on this matter is truly superb. No one should be coerced to use their God given talent in a way that is contrary to their spiritual beliefs.

        I grieve over the “Melissa’s Bakery” case from Gresham, Oregon–they fought as hard as they could, but still ended up having to fork over in excess of $100,000. The only saving grace was that individuals had donated money to keep their cause going, but they lost their bakery. I believe that they may still be baking cakes from their home, via word of mouth advertising.

        Liked by 2 people

  9. PS. I tell ya, it’s pretty bad that this is even an issue to begin with. If some company doesn’t want to make a cake, they shouldn’t! Someone I know wanted to have a cake made that had an expletive word on it, and the bakery wouldn’t do it. So, they didn’t push it.
    The gay people are just looking for trouble. I’m sure there are plenty of degenerate bakers in California. What if they would have wanted the baker to make a vibrator shaped cake, or some phallic cake?
    Great verdict!

    Liked by 7 people

    • chemtrailssuck . . . . I definitely agree with you . . . “The gay people are just looking for trouble.” I believe that the picture of these two “angry b*tches” shows that only too well.

      Liked by 2 people

  10. Ahhh, thank God for a man with sense. Yep, well maybe it was God who tapped the Judge on His shoulder. I love it.

    Liked by 8 people

  11. Pingback: Hell just froze over: CA judge rules in favor of Christian baker who refused to bake wedding cake for lesbians | The Olive Branch Report

  12. Required reading for EVERY JUDGE IN THE UNITED STATES.

    Liked by 8 people

  13. Kevin J Lankford

    I just wonder whether any one has bothered to investigate if the two pervs are even legal. Illegal alien dykes; just no end to their arrogance.

    Liked by 7 people

    • Kevin, great point. Are they even legal. I am not sure what the equal housing and fair employment even had to do with this.
      Finally, a sane person making a rational decision, pigs do fly. Now let’s knock down all the other asinine suits.

      Liked by 4 people

    • Kevin . . . . I must admit, that very question popped into my mind. I would love to have ICE pay them a visit.

      Liked by 1 person

  14. Stay prayerful, my friends!

    Liked by 7 people

  15. “When one feels injured, insulted, or angered by the words or expressive conduct of others, the harm is many times self-inflicted.”

    I love it! The legal definition of butthurt.

    Liked by 9 people

  16. And let us not forget: another lesbian wedding cake?!? They’re not the least bit original! This is what we refer to as “professional plaintiffs”: insincere losers who find a law that made someone some money, then they go try to recreate the same circumstance in their own lives. It’s literally fraudulent but the “equality” statutes are so generously worded that they’re virtually bulletproof, and the fraudsters get away with it.

    Liked by 8 people

  17. Just this last weekend, my sister in law told me of a business owner in our city in here in Northern California. Two lesbonic Hispanics, one a lawyer, and the other a wheelchair bound, sued the owner of a small nursery ( a nursery so small it is like a hole in the wall) because there was no wheelchair access to the restroom. This man can’t fight it so he has losing his business. Turns out the two demon possessed lesbiatics have over a hundred open lawsuits in the state, and every business on the main drag of our city has had the same lawsuit file against it. Almost sounds like the same two creeps above only I don’t see anyone in a wheelchair in the photo.
    Isn’t there a law for trying to defraud people and ruin their lives like this?
    The nursery owner said he never even saw the lady before…and it makes sense- how many wheelchair bound people do gardening?

    Bravo to the judge for standing up to these bullies.

    Liked by 8 people

    • Oh Lana, there was a man here in So. Cal in our little semi-rural area who made a good living off of suing small business owners for not having a wheel chair accessable bathroom…..he finally slit his own throat b/c he filed so many cases that a local judge finally declared him a “nuissance complainer” or some such legalese and sent him into never-never-land, owing the court a lot of money for “nuissance complaint” cases that were then summarily dismissed as excessive and of no personal standing to him (he was not in a wheel chair, and so, suffered no personal “damages.” He was just a legal weasel sucking money out of little mom and pop stores and restaurants).

      Liked by 2 people

      • CalGirl . . . . That just sickens me. Think of all the little people who have been harmed by the likes of evil people like this?

        Liked by 1 person

      • This goes on quite a lot. My DH used to be friends with a guy, until the guy sued him for nothing. The ‘lawyer’ was helping this guy and they were splitting the money And, this “friend” was surprised when my DH never wanted to talk to him again.
        Another one was a woman my ex boyfriend had dated. She threw herself down his stairs and went home. Later the cops arrested him for ‘battery’, and I don’t even know how she got money from that at all! He didn’t do it (he never was the type) and the lawyer he had to hire ‘advised him’ to plead guilty and he DID! These people RUIN lives, and most judges and lawyers know all about it but do not do a thing. Why? Because it brings $$$ into the court system.

        Liked by 1 person

  18. I have a sister who, after 20 years of marriage and three kids decided to divorce him and become a lesbian. I also have a sister-in-law that did this as well. The common denominator that I see with both of them, other than man hatred, is that this is a sort of political theater.

    I also know several others in similar straights (pardon the pun) due to my daughter being autistic and having in-home care. A lot of them do this work. I suspect because they know they won’t be having children.

    So what am I saying here? It seems to be different with “gay” men. Some women may be genuinely attracted but seem to be able to simply “choose” to do this. Once they do, they are initiated into a vast “sisterhood”. There are conventions and meetings and organizations, etc.

    This attack on simple merchants is a window on their souls. They are all self-involved to a person. They don’t care that they destroy another. They earn points with their “sisters”.

    For some it isn’t enough to make ones self ugly and fat. They must be more aggressive than what they wrongly perceive men to be. They thumb their sunken boobs and roar.

    Those currently identified with the Maoists are “duty bound” to side with these mutants. I know it is easy to say, etc., but I can assure you that, if I owned a business and was the victim of one of the attacks, they would be landing on the sidewalk without even a bounce.

    Liked by 6 people

    • You make some interesting points here about choice versus compelling attraction. My husbands cousin did one of those lesbonic affairs too after her divorce. They have made it cool for the week minded, and unbalanced. Other than her though I can’t say how prevalent this is with women. I frankly don’t understand the whole thing and it repulses me. I was very angry with men at one time in my life because of a very abusive father. However, I chose to work my issues out within myself and give myself what my father never gave me. I was able to forgive my Dad and my anger towards men dissolved because I decided to give up my victimhood and take responsibility for myself and become whole. Anyone has that choice, but the maoists have sold the youth and the loonies that the collective i.e., men or whomever, are responsible for people’s personal problems. As an aside getting together with another woman would have never crossed my mind no matter how upset I was with men at the time, so I cannot figure these women that all of a sudden “decide” that a female partner is preferable to a man.
      I worked in the design industry that was heavily populated by gay men. I can tell you that I have never witnessed so much bitchy, viscious, chip on your shoulder behavior in my life. Any which way, I believe these gays to be on the whole such miserable souls they seek wreak vengeance on anyone who they perceive as having what they can’t have.

      Liked by 4 people

      • Good for you Lana! You sound like an empowered woman, not a victim. Kudos to you.

        Liked by 2 people

        • Thank you DCG! Yes, taking persoanal responsibility beats remaining a whiner, blamer, and victim any day. Sadly few know they actually have the power within them to transform their lives. On the other hand, it is not for the faint of heart confronting ones own darkness, and doing the work. Most prefer to take the path of least resistance.

          Liked by 3 people

      • I’m so glad to have read what you wrote. Good for you. That is PRECISELY what people need to do in those situations. We often place ourselves in “victimhood” because we have expectations. We are deeply disappointed when they don’t materialize as we want.

        Whether our pain is the result of our own desire or inflicted through no fault of our own, it is never beneficial to hang onto it. Healthy men and women do not hate each other. We have differences and together we are more than we are individually.

        God made us to help and support each other. God doesn’t make junk.

        Liked by 1 person

        • “Healthy men and women do not hate each other. We have differences and together we are more than we are individually.God made us to help and support each other. God doesn’t make junk.”

          Isn’t it the truth, and so beautiful too!!!
          I am so sad to see the continued breakdown of male/ female relationships. Ir doesn’t have to be this way! Women have been sold a bill of goods, and have been misunderstanding and vilifying men, only now to have men’s reaction to it emerge into the MGTOW movement which is not answer to the problem, and in many is pathetic as the women whiners.

          Liked by 1 person

      • That’s funny about the gay men. I always noted that there were specific types. I had a couple of them working for me over the years. One who died of AIDS several years ago was likable enough unless you got him around women and he turned into “the bitch from hell”.

        There were others who LOVED being around women. So I sort of learned not to lump them all together. I also noted that with both men and women, one seemed to always play the “male” role. To me that is very interesting in itself.

        I can honestly only think of two or three that I would categorize as happy. Most are utterly miserable. There’s a lot to that old saw about having to be comfortable with yourself to be able to give anything to someone else.

        Liked by 1 person

    • lophatt . . . . Statistically speaking, although homosexual men are usually above average in earning power . . . lesbian women, as a whole, we find many, many of them are straddling the poverty level line. It is a form of criminality that they would use sewing people as a means to lift themselves out of poverty.

      Liked by 1 person

      • Lulu, could you please explain “sewing people”? Did you mean Lana’s fashion/design reference?

        Like

        • She meant “suing” people. That’s one Auntie LL typo I didn’t have the chance to correct. 🙂

          Like

          • OK, I should have figured that out but I didn’t. Doh!

            That’s a good point. I didn’t realize that was the case. That sounds a lot like the polygamy issue in Utah and surrounds. Most end up on the welfare rolls. That way the state gets to support your perversion.

            I guess they “go hunting” for normal people who don’t appreciate their lifestyle. Aren’t people wonderful?

            Liked by 1 person

    • My BIL had something like this happen, but the woman wasn’t saying she was a lesbo. She had a kid with him and then dumped him, tried to get all the $$ for child support. It was awful, especially for the child.

      Like

  19. Excellent news!

    Liked by 6 people

  20. Absolutely Brilliant‼️ This man is smart ( and correct) because the cake was NOT baked yet. Wonderful angle to use to beat these psychos at their own game! I love this!!!!

    Liked by 9 people

    • I agree, JerryO, This was exactly the right ruling, and it was based upon the perfect legal reasoning. This judge really did his homework and used not only common sense, but also the right legal framework that should ensure that this ruling stands. That is the biggest thing, not that he ruled this way, but that his ruling withstands the appeals which of course will come. Common sense and the law, contrary to what the TV police shows may tell you, actually do belong together. This is truly a momentous day.

      Liked by 5 people

  21. Besides all the kerfuffle, there are lots of bakeries that will make them a cake. It is pretty clear that they set out to damage her because of her faith. So, as usual, they are perverted hypocrites.

    Liked by 5 people

  22. Reblogged this on On the Patio and commented:

    Excellent! It appears there is hope for Cali after all. In our free market economy it should be the right of any privately owned business to have the right to refuse anyone service. The customer is free to spend their money anywhere they wish. If a business chooses to not accept the money / business then it is a conscious choice. Whatever the reason. Being forced to take unwanted business just doesn’t make sense.

    Liked by 1 person

  23. Thank God! I am so tired of this B.S. Always attacking Christianity. Why don’t they ever ask a Muslim bakery for their cakes??? Because it’s not part of their agenda??

    Liked by 2 people

  24. roseanne banana danna

    I’m happy about the ruling, but have we all been set up?
    Did this just set a precedence that anyone and everyone can be discriminated against for any reason?

    Like

  25. OMG!!! What are lesbians to do! OH THE HUMANITY!!!
    God Sees the Truth but Waits. And now He has spoken. This ruling is on the record. Sure, this ruling will be overturned. No Matter: This ruling will be used, down the road, to become the Mouse that Roared: Homosexual unions CANNOT produce children, and these particular homosexuals are being used by others to promote a more sinister agenda. So these women lose not once, but twice. (And the third time’s the charm, when they wind up in Hell. This is why gay men and women must be made to think about what makes ANYONE most uncomfortable: They must confront THEMSELVES. Bakers don’t get paid to solve that problem!)

    Liked by 1 person

  26. I know its off topic but I can’t resist:

    Dindu flag grabber bites big one in NOLA:

    http://postnewsd2.blogspot.com/2018/02/black-lives-matter-activist-who.html

    Looks like Soros should get his Bolsheviks some medical coverage.

    Liked by 2 people

  27. such pettiness instead of going somewhere else to get the cake they wait months until the state tell the business to bake the cake after they filed a complaint…..

    Liked by 1 person

  28. So, the ruling says only that the business need not bake a special cake for the couple; if one already exists, they must sell it to the couple. So let that be a lesson: NEVER pre-bake a cake for a gay couple… or anyone else you may not want to be selling to and thus somehow appear to be enabling or supporting. That actually seems fairly decent to me… Let them buy a regular cake, then decorate it per their own “special needs”.

    Liked by 2 people

    • I don’t know why gay bakers don’t go into business for their gay clientele….oh wait, they do! engaygedweddings.com/ca/gay-wedding-cakes-ca.html
      Maybe instead of trying to persecute Christians (not muslims- they’re a protected class right now because they’re doing Soros’s et al bidding) just go and buy your cake at a gay friendly store instead. Problem solved.

      Liked by 2 people

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