South Carolina Attorney General Alan Wilson has joined a coalition of 16 states urging the U.S. Supreme Court to address whether states can prosecute individuals for actions based on their religious beliefs. The group is asking the Court to review Miller v. Civil Rights Department, a case from California involving Cathy Miller, a bakery owner.
In 2017, Miller declined to design a custom wedding cake for a same-sex couple due to her Christian beliefs about marriage. She offered to refer the couple to another baker but was subsequently subject to a civil rights complaint and ongoing prosecution by the state of California. In August, Miller petitioned the Supreme Court for intervention regarding her religious freedom.
Attorney General Wilson stated, “A state should not prosecute or persecute someone for their religious beliefs, but that’s exactly what’s happening here. We must fight against discrimination, but that includes discrimination against religious beliefs. We can’t stand by and let California or any state government force someone to do something that violates their religious convictions.”
A trial court in California initially ruled in favor of Miller, noting she served people of all sexual orientations and acted out of sincere Christian belief rather than discriminatory intent. However, this decision was overturned by an appeals court after continued prosecution by the state; the California Supreme Court declined further review. As a result, Miller is seeking consideration from the U.S. Supreme Court.
The attorneys general involved argue that precedent exists in which the U.S. Supreme Court decided Colorado could not compel a baker to create a cake for a same-sex wedding. They are also requesting reconsideration of an older ruling cited in similar cases concerning religious liberty.
Attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Missouri, Nebraska, Ohio, Texas and West Virginia joined Wilson in submitting an amicus brief supporting Miller’s position.
