Judge denies restraining order against California baker who refused to make same-sex wedding cake

A judge has rejected a request for a temporary restraining order against a California baker who refused to make a wedding cake for a same-sex couple.

Earlier this week, the California Department of Fair Employment and Housing petitioned the Kern County Superior Court to issue a restraining order against Tastries Bakery and owner Cathy Miller in an attempt to prevent her from denying service to same-sex couples.

Judge David Lampe, however, denied the request on Thursday, saying he did not have enough information to make the call.

The Freedom of Conscience Defense Fund (FCDF), which is representing Miller, stated in a press release that "the government wanted a court order to compel Miller to create wedding cakes for LGBT persons even though doing so would violate her sincerely held religious beliefs."

According to SF Gate, the complaint against Miller was filed in June when she refused to bake a wedding cake for Eileen and Mireya Rodriguez-Del Rio due to her Christian beliefs. The bakery came under fire in August after the couple's concerns were made public on social media.

Miller's stance appears to be in conflict with California's Unruh Civil Rights Act, which prohibits businesses from discriminating against people based on a number of factors, including sexual orientation.

In earlier interviews, Miller had stated that she loves everyone but she contended that "there are certain things that violate my conscience, and my conscience will not allow me to participate in things that I feel are wrong. Most of what that's based on is scripture."

Charles LiMandri, president and chief counsel FCDF, contended that the case against Miller was an assault on Christians and said that the state of California was using surprise tactics to get the court to approve the restraining order.

The FCDF noted that the judge denied the restraining order because he had not heard Miller's side of the story and there was no urgency for the order because the couple wanted the cake in August.

FCDF Executive Director Daniel Piedra said that Miller has been required to respond to the state with detailed personal and employment information that answers 40 questions. Lampe said that he wanted to see the answers before he rules on the restraining order.

Piedra said that the judge recognized that both sides had important rights that must be seriously considered before taking any action.

Bakersfield.com reported that the case will be returning to Lampe on Feb. 2 at a hearing in which Tastries Bakery could be ordered to bake the cake for same-sex couples or stop making wedding cakes altogether.