Posted on 04/23/2013 2:52:31 AM PDT by markomalley
A florist in Washington is being sued for a second time after choosing not to provide flower arrangements for a gay customer's upcoming wedding.
Barronelle Stutzman of Arlene's Flowers in Richland now faces two lawsuits, one from the Washington state Attorney General and another from the American Civil Liberties Union, for turning away business for a same-sex couple’s wedding.
When frequent customer Curt Freed approached Barronelle Stutzman of Arlene's Flowers last month to provide arrangements for his September wedding ceremony to Rob Ingersoll, the florist said she could not provide services due to her religious beliefs.
On the company's Facebook page, Stutzman described the incident after many receiving comments, saying she explained her position to the customer who said he respected her opinion.
She said that “because of my relationship with Jesus Christ,” she could not comply with his request to do floral arrangements for his wedding. It is her deeply-held conviction that marriage is between a man and a woman, she wrote in the post.
Stutzman recalled that the two hugged and Freed left the store.
It was not until after the couple relayed the story to their friends who were “livid” with the florist’s decision and posted about it on Facebook, according to a Seattle Times story, that they began to receive attention from the local media, and eventually the state Attorney General Bob Ferguson.
After he learned of the incident Ferguson sent a letter to Stutzman “requesting she reconsider her position and sign an agreement indicating her intention to comply with Washington laws.”
When Stutzman’s attorneys responded saying that she would challenge any action to enforce the state’s anti-discrimination law, the Attorney General filed a consumer protection lawsuit against the florist who has been serving the area for the past 37 years.
In it, the state seeks a fine of $2,000 and has issued a court-order requiring Stutzman to comply with state law.
“Under the Consumer Protection Act, it is unlawful to discriminate against customers on the basis of sexual orientation,” Ferguson said in a statement on April 9.
“If a business provides a product or service to opposite-sex couples for their weddings, then it must provide same-sex couples the same product or service.”
Now Stutzman faces a second lawsuit as the American Civil Liberty Union filed one April 18 on behalf of Freed and Ingersoll.
“When a business serves the general public, the business owner’s religious beliefs may not be used to justify discrimination,” ACLU of Washington legal director Sarah Dunne said in a statement.
The ACLU lawsuit seeks a court order “barring the florist from discriminating against customers on the basis of sexual orientation” as well as damages “for the violation of the couple’s rights.”
Attorney Justin Bristol, who is representing the florist, argues that these cases are violating his client’s constitutional rights to freedom of speech, expression and religion.
Although Stutzman holds religious beliefs that do not validate same-sex marriage, enforcement of this law would force her “to express assent” for the issue.
“Can the state require a painter to paint a portrait of a gay couple? Could the state require a musician to write a song?” Bristol asked, according to the Associated Press. “Can the government compel them to say something they don't want to say? It violates the First Amendment.”
“It's not a public accommodation case,” he said. “She simply doesn't believe in gay marriage. She believes marriage should be between a man and a woman.”
freedom of association
can’t allow that I guess
This isn’t a funny issue, but the idea of the musician being compelled to write a song for a gay wedding made me laugh.
“So I wrote this totally sucky awful crappy whacky song for you, oo, oo....” ;0)
So... could she refuse to make a cake for an 8th grade orgy party?
Can the state force you to be a supporter of gay rights?
This is why we need lawyers to talk for us. I would happily argue in court that providing flowers for a real wedding for a real couple is an entirely difference product and service than providing flowers for a fake wedding for a gay "couple". I would also argue that the courts have no authority to enforce a clearly unconstitutional law and that they have no power to force compliance, since they would be going against the laws of a higher Power. It's better for a lawyer to make a more nuanced argument in court. In public though, I would happily state that position once the courts were done meddling with my free exercise of my God-given rights.
You will be required to offer incense to the god of the State religion. Or face punishment.
Serious question. Can any lawyers here tell me why the defense for this and like cases does not bring up all the religious exemptions for Muslims? like Obamacare?
Because equal protection seems to indicate that it would.
Why not just buy the flowers elsewhere?
It is called free Enterprise. now the gays want to state that by rights guaranteed by God (actually it is government) they can have whatever they want. Is not that theft? America does not supply your every want.
America has a unwritten policy get off your butt and work for it dammit. Unfortunately there are some whom feel the are entitled to get a free ride off the sweat and blood of others whom their backsides off.
If the Gays want flowers at their weddings just go to a Gay florist. They just want to make an example of a woman whom stands by principals, morals and values. It is a foreign concept to them principals, morals and values.
They have been Disneyfied - Kamu Matata - Lion King - An animated film that the Liberals thinks is real life.
> “Can the state require a painter to paint a portrait of a gay couple? Could the state require a musician to write a song?” Bristol asked, according to the Associated Press. “Can the government compel them to say something they don’t want to say? It violates the First Amendment.”
Excellent points by the defending attorney.
I am certain that if I had a valid consumer protection complaint against a retailer, much less an invalid complaint that violated the retailer’s 1st Amendment rights, that I would not receive the direct attention of the State Attorney General.
Homosexuals have disproportionate influence over elected officials.
exactly.
What damages? Just buy your cake elsewhere.
work is missing work their backsides. mind working faster than fingers. Or maybe I need a cup of coffee. wait a minute I do not drink coffee. or is it I need a shot of something stronger. wait I do not drink either.
opps sorry about the word missing just one of those mornings. not even six o clock and look out the window and it is April 23, 2013 and it is snowing. 8 - 12 inches of snow expected. On Sunday it is supposed to be 70 degrees.
sorry again must be the effects of global warming or it is George Bush’s fault.
It will start happening fairly quickly - they will move fast to consolodate their power.
the rainbow lobby has decided to drive this woman out of business
Florist ran out of pink roses, end of story.
This is what the push for gay marriage is all about. They will then sue Christian churches for refusing to perform weddings and wipe them out. Is there any doubt of their evil intent?
“If a business provides a product or service to opposite-sex couples for their weddings, then it must provide same-sex couples the same product or service.”
How long before a church is sued for not performing the “wedding”?
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