Summary of facts:  In 2017, California bakery owner Cathy Miller, a faithful Christian, declined to create a cake for a same-sex wedding on the ground that it would require her to violate her religious beliefs about marriage. The State of California sued Ms. Miller, arguing that her refusal to bake the cake violated state public nondiscrimination laws. After a week-long trial, the lower court ruled in her favor. California has now appealed the lower court’s ruling to the California Fifth District Court of Appeal.

RFI’s position: California has a valid and important interest in ensuring that all citizens can access goods and services. That interest, however, is met through Ms. Miller’s willingness to sell products to anyone without regard to their race, sex, sexual orientation, or any other protected classification. Forcing Ms. Miller to engage in expression against her conscience here thus cannot be justified by any compelling governmental interest.

Read the amicus brief here.