A California baker has asked the U.S. Supreme Court to review a First Amendment case involving her refusal to make custom cakes for same-sex weddings, citing religious objections. Cathy Miller, a Christian baker from Bakersfield, filed the petition in late August after a state appeals court ruled against her in a case that began in 2017.
Miller initially won at the state superior court in 2022, but the ruling was overturned by an appellate court, and the California Supreme Court declined to hear her appeal. The U.S. Supreme Court is now being asked to weigh in, with her legal team pointing to earlier rulings in Masterpiece Cakeshop v. Colorado Civil Rights Commission and 303 Creative LLC v. Elenis, which affirmed religious protections for individuals providing creative services.
Miller’s petition also challenges the precedent set in Employment Division v. Smith (1990), which held that neutral, generally applicable laws may restrict religious practices. Supporters, including a coalition of 16 states led by Texas, argue the Court should use Miller’s case to overrule Smith and strengthen free exercise protections.
The Becket Fund for Religious Liberty, representing Miller, said the case demonstrates government overreach. “California’s relentless campaign against Cathy is unjust and un-American,” senior counsel Adele Keim said. The Court is expected to decide in the coming months whether it will hear the case.
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