'I just follow my conscience': Tastries Bakery owners testify about religious beliefs guiding business
Jul. 29—By ISHANI DESAI
Tastries Bakery owner Cathy Miller testified Thursday she is a vessel for the Lord and follows his will in what she does. That includes denying a same-sex couple a wedding cake, an incident that led to nationwide attention and is the subject of trial proceedings this week.
Miller and her husband testified Thursday in a packed Kern County Superior Court courtroom after their business, Cathy's Creations, was accused by the California Department of Fair Employment and Housing of violating the California Unruh Civil Rights Act. The law says a business cannot discriminate on the basis of sexual orientation.
Kern County Judge David Lampe in 2018 ruled in favor of Cathy Miller and said her First Amendment rights are protected. The 5th District Court of Appeal vacated that decision and sent the case down to Kern County courts. The DFEH refiled its complaint. The civil case is being heard by Judge Eric Bradshaw, and will be decided by him, not a jury.
Miller said her intent is to never discriminate against those of same-sex couples — she has served gay people in the past for events outside of weddings. She said she must follow her conscience, which guides her in all matters. Along those lines, she would not make a cake for a couple seeking a divorce or for a polyamorous couple, Miller testified under direct examination by her attorney, Charles LiMandri of the Thomas More Society.
"I just follow my conscience and what the Bible says," Miller said. "If I was discriminating, I wouldn't allow them to anybody to buy anything. You go across the board."
LiMandri also showed several pictures and videos of people decorating cakes with various icing colors and tools to create the final product. To Miller, these creations are art. The defense has said Miller's cakes are artistic endeavors and thus a form of free speech protected under the First Amendment.
Miller became emotional when asked questions about the relation between different sexual orientations and marriage when cross-examined by DFEH senior staff attorney Gregory Mann. Her religious beliefs dictate marriage is only between a man and a woman. A marriage between gay people doesn't fall into that definition, she testified.
The Tastries owner also agreed that fundamental Christian principles vary by person. But, she does not ask if a couple lives together before they are married because that would be "discrimination." Nor, Miller testified, does she ask if a Christian is marrying an atheist.
God's law comes first, Miller said, and any other law is second.
Michael Miller, Cathy Miller's husband, testified his involvement in the company mainly consists of filing tax returns, delivering cakes and handling human resources. Both Millers looked at the Unruh Civil Rights Act when creating their business, but did not consult with a lawyer about its application. When the U.S. Supreme Court upheld Obergefell v. Hodges, a case legalizing gay marriage, the Millers looked at their policy and determined denying same-sex couples wedding cakes could still be equal if they referred them to another business, Miller testified.
Michael Miller testified "the market could offer that" referral, which allowed them to be in compliance with the Unruh Civil Rights Act.
He also said if they stopped making wedding cakes, they couldn't sustain their business.
Lawyers of plaintiffs Eileen and Mireya Rodriguez-Del Rio rested Thursday. The cross-examination of Cathy Miller is scheduled to continue Friday.
You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.
