Lawyers for Barronelle Stutzman, the proprietor of Arlene’s Flowers in Richland, Wash., have asked the Supreme Court to reverse a Washington State Supreme Court decision from February. They ruled that Stutzman violated the Washington Law Against Discrimination when she turned away Curt Freed and Robert Ingersoll because they are in a same-sex relationship.
Stutzman and her lawyers argue that she refused the couple service because of her Southern Baptist beliefs opposing same-sex marriage, reports the Tri-City Herald.
They also contend that arranging flowers is a form of artistic expression that should be protected under the First Amendment.
Similarly to baker Jim Phillips in the Colorado Masterpiece Cakeshop case, Stutzman hopes the high court will find that business owners, particularly those in wedding-related businesses, should be allowed to refuse to participate in or take actions seen as condoning behavior or relationships to which they have moral or religious objections.
In both Stutzman’s case and the Colorado case, courts found that Washington State and Colorado’s nondiscrimination laws did not violate the defendants’ First Amendment rights. The courts found that the state had a vested interest in ensuring that minorities, including members of the LGBTQ community, were not discriminated against.
“This case has never been about flowers for us,” Ingersoll said in a statement. “It’s about making sure that other people don’t have to go through what we went through. We hope that the Supreme Court sees what the lower courts in this case have already recognized: that business shouldn’t be able to turn someone away simply because of who they are or who they love.”
But Alliance Defending Freedom, representing Stutzman, issued a statement claiming that if the high court rules against their client, then the government will be able to “punish” others who express religious beliefs opposing homosexuality.
“Our nation has a long history of protecting the right to dissent, but simply because Barronelle disagrees with the state about marriage, the government and ACLU have put at risk everything she owns,” ADF Senior Counsel Kristen Waggoner said in a statement. “This includes not only her business, but also her family’s savings, retirement funds, and home. Not only does her case and Jack Phillips’ case involve similar issues, but both Barronelle and Jack face burdensome penalties for simply exercising their right of free expression.”
The Trump administration continues to push the boundaries of free speech by threatening retaliation against Georgetown Law School if it fails to eliminate any diversity, equity, and inclusion (DEI) programs.
In a "letter of inquiry" dated February 17 but emailed to Dean William Treanor on March 3, Acting U.S. Attorney for the District of Columbia Ed Martin said that a whistleblower informed him that Georgetown Law School "continues to promote and teach DEI," calling such actions "unacceptable," according to The Associated Press.
Martin warned Treanor that his office wouldn't consider any Georgetown Law students for jobs, summer internships, or fellowships until the school dropped its DEI programs.
A California appeals court has ruled in favor of a lesbian couple, finding that a baker discriminated against them when she refused to sell them a generic wedding cake.
The case deals with an exception to a loophole that many conservatives believe they had carved out, enabling them to openly discriminate against LGBTQ people in the provision of public goods or services.
In 2018, the U.S. Supreme Court ruled in favor of a Colorado baker who objected to creating a custom-made wedding cake for a gay couple's wedding, finding that the Colorado Civil Rights Commission had been unfairly prejudiced against the baker's religious beliefs.
Yeshiva University announced that it had reached a settlement with an LGBTQ student-run club that the university, for years, had refused to recognize as an official campus organization.
In the surprise move, the Orthodox Jewish educational institution said that it would end litigation related to its refusal to recognize the group, which it initially claimed was due to religious objections.
As part of the settlement, the club -- formerly known as the Yeshiva University Pride Alliance -- would be renamed "Hareni" and would be allowed to operate with the same rights and privileges guaranteed to other student groups.
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