A California baker has been granted permission to refuse service to same-sex couples due to her religious objections.
Lawyers for Tastries Bakery argued that making cakes for gay couples violates owner Cathy Miller’s Christian beliefs and right to free religious expression.
A Superior Court judge agreed and ruled that the act of making cakes is an “artistic expression” and therefore does not violate the state’s anti-discrimination law.
"A wedding cake is not just a cake in a Free Speech analysis. It is an artistic expression by the person making it that is to be used traditionally as a centerpiece in the celebration of a marriage," Kern County Superior Court Judge David Lampe wrote.
“The difference here is that the cake in question is not yet baked,” he added.
“No baker may place their wares in a public display case, open their shop, and then refuse to sell because of race, religion, gender, or gender identification.”
The case began when Ms Miller refused service to Mireya and Eileen Rodriguez-Del Rio, who had asked for a wedding cake without any words or messages.
Ms Miller said could not “be a part of a celebration that goes against my lord and saviour".
A similar case in Chicago is awaiting a decision from the Supreme Court. Baker Jack C Phillips has argued he should be able to refuse service to same-sex couples based on his right to free speech and free religious expression as set out by the First Amendment.
In the UK, two Christian bakers were deemed to have breached equaity laws by refusing to make a pro-gay marriage cake in 2016.
Court of Appeal judges in Belfast upheld an original judgment which ruled that Ashers had discriminated against a gay activist for declining his order for a cake bearing the slogan "Support Gay Marriage".
Gareth Lee, a member of the LGBT advocacy group Queer Space, had wanted a cake featuring Sesame Street puppets Bert and Ernie for a private function marking International Day Against Homophobia.
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He placed the order in person at Ashers' Belfast city centre branch in May 2014. It was accepted and he paid in full but, two days later, the company called to say it could not proceed with the cake due to the message requested.
In the original court case, District Judge Isobel Brownlie ruled that religious beliefs could not dictate the law and ordered the firm to pay damages of £500.
Mounting an appeal, Ashers contended that it never had an issue with Mr Lee's sexuality, rather the message he was seeking to put on the cake.
The business said the slogan was inconsistent with their deeply held religious beliefs.
