Judge Eric Bradshaw ruled last week a jury must deliberate over disputed facts in the case. A trial date is expected to be set Thursday.

The DFEH alleges the bakery violated the Unruh Civil Rights Act, and is seeking damages for lesbian couple Mireya and Eileen Rodriguez-Del Rio, who were denied the cake by Miller. The legislation protects discrimination by all businesses within California. A request for comment from the DFEH was not returned as of the publication of this story. 

Judge David Lampe ruled originally the First Amendment protected Miller’s speech in her refusal to make the cake.

"The right to freedom of speech under the First Amendment outweighs the State's interest in ensuring a freely accessible marketplace,” Lampe said in the final ruling. “The right of freedom of thought guaranteed by the First Amendment includes the right to speak, and the right to refrain from speaking. Sometimes the most profound protest is silence."

Attorney Paul Jonna, who represents Miller, added that Lampe’s ruling states that First Amendment and anti-discrimination laws can co-exist. His client does not object to serving people, but only certain messages.

“This is about forcing Cathy Miller to violate her faith,” Jonna said.

The complaint filed by the DFEH said the couple were stunned at the refusal to make the cakes, and Mireya cried for around 30 minutes, the complaint said.

“Once exciting, planning their wedding reception became a painful and emotionally upsetting process,” the complaint added.

Both plaintiffs suffered out-of-pocket expenses, public humiliation, emotional distress and other hurts, according to the complaint.