The lawyer for Tastries Bakery argued that owner Cathy Miller's right to free expression of religion trumps the argument that she violated a state anti-discrimination law.
Kern County Superior Court Judge David Lampe agreed, but said Monday his ruling was tied closely to the fact that Miller was being asked to create a cake for an event.
The Bakersfield Californian reports Lampe cautioned that religion does not give businesses a right to refuse service to groups protected by the Unruh Civil Rights Act in other circumstances.
An attorney for Mireya and Eileen Rodriguez-Del Rio, who brought the case, was not available for comment Tuesday.
Information from: The Bakersfield Californian, http://www.bakersfield.com