Despite Court Defeat, State Officials Still Seek to Investigate Cathy Miller

The Freedom of Conscience Defense Fund (FCDF) responded yesterday to state officials’ claim that it must continue investigating Christian baker Cathy Miller, who was prosecuted for declining to create a custom wedding cake for a same-sex couple, despite suffering a resounding court loss. In response to the government’s “witch hunt,” FCDF has asked the court to enforce the March 2018 judgment that was issued in Cathy’s favor.

Officials for the California Dept. of Fair Employment & Housing (DFEH) filed a motion in state court in January demanding a court order that would force Cathy to either create wedding cakes for everyone or stop creating all wedding cakes. The DFEH submitted the motion after a same-sex couple filed a complaint stating that Cathy discriminated against them when she declined to create a custom wedding cake for their same-sex marriage celebration. Superior Court Judge David Lampe denied the government’s motion, holding that forcing Cathy to engage in expressive speech that conflicts with her conscience “would do violence” to the First Amendment.

The case is closed. But like the Colorado government’s vendetta against Jack Phillips, California’s pro-LGBT bureaucrats can’t accept that the First Amendment protects Cathy’s right to live and work according to her faith.

Daniel Piedra, FCDF’s executive director

Government lawyers with the DFEH initially appealed the decision, but they quickly withdrew it and instead relaunched their original prosecution of Cathy under California’s anti-discrimination law. In its opposition brief filed last week, the DFEH claims it still has the authority to investigate Cathy regardless of the Court’s ruling. The DFEH wants to interrogate Cathy, her husband, and an employee and get sworn testimonies from them.

According to FCDF’s reply brief in support of its motion to enforce the judgment:

Bigots may hold up people of faith as anti-LGBT boogeymen, but anybody with any common-sense experience with people of faith knows that they are sincere, moral, and compassionate. The DFEH sought to persecute Cathy Miller and her family. It failed, and now is trying again. This Court should put an end to this witch-hunt.

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