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A Kern County Superior Court Judge has issued a ruling in favor of a Bakersfield bakery owner in a LGBT civil rights lawsuit. Judge David Lampe sided with Cathy Miller, owner of Tastries Bakery, who refused to sell a cake to a lesbian couple. Eileen and Mireya Rodriguez-Del Rio filed a complaint with the state, which in turn brought legal action against Miller for violations of the Unruh Civil Rights Act. It’s a state law which prohibits discrimination on the basis of religion, as well as sexual orientation. Judge Lampe ruled that because the cake in this case was a custom creation and had not yet been baked, the state could not order Miller to create one for the couple. In a written ruling Lampe said state’s argument amounted to compelled speech. The ruling was involving a preliminary injunction that the state sought on Miller. A full trial is expected later this year.
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