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.”
Republicans in nine states are calling for the overturn of marriage equality.
In Idaho, Michigan, Montana, North Dakota, and South Dakota, lawmakers have introduced resolutions demanding the U.S. Supreme Court reverse its landmark 2015 decision in Obergefell v. Hodges, in which the court struck down all existing state-level same-sex marriage bans.
Last month, the Idaho House of Representatives voted 46-24 to approve one such resolution, asking the nation's highest court to "restore the natural definition of marriage, a union of one man and one woman."
While the resolution is non-binding and doesn't require the Supreme Court to take action, Republican lawmakers see it as a "messaging" bill that expresses their extreme displeasure with same-sex marriage.
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.
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