Cal. Court of Appeal Rules Bakery Discriminated by Not Baking Cake for Gay Couple (Where Cake Was Plain White Cake, There was No Free Speech)

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On 2/11/25, in Civil Rights Department v. Cathy's Creations, Inc., the California Court of Appeals issued a decision in a lawsuit filed by the California Civil Rights Department, reversing a trial court decision and finding that the defendant bakery had engaged in intentional discrimination by not baking a cake for a lesbian couple, that the bakery's referral of the couple's business to a different bakery was not "full and equal access," and that the refusal to provide the cake was not protected free speech. The Court distinguished the Supreme Court's decision in Masterpiece Cakeshop v. Colorado Civil Rights Dept. because the cake was a plain white cake that did not entail any free speech or expression.

https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2025/02/2025.02.12-Tastries-Statement.pdf

https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2025/02/Tastries-Merits-Appeal_Courts-Opinion-F085800.pdf

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