Arlene's Flowers lawsuit

The Arlene's Flowers lawsuit refers to a merged group of lawsuits brought by a gay couple (supported by the American Civil Liberties Union, and by the State of Washington) against a florist's shop, Arlene's Flowers of Richland, Washington, United States, after shop owner Barronelle Stutzman declined to provide a floral arrangement for the couple's wedding. The lawsuits gained national attention due to their religious and civil rights implications.[1][2]

The first two legal cases, Ingersoll v. Arlene's Flowers and State of Washington v. Arlene's Flowers were consolidated by Benton County Superior Court Judge Salvador Mendoza into a single case for purposes of discovery.[3]

The first civil suit, Ingersoll v. Arlene's Flowers, was filed by a gay couple after Stutzman denied floral arrangements for their wedding. The couple had been customers of Stutzman's shop for nine years, but when they asked her to provide flowers for their wedding, the florist declined, citing her "relationship with Jesus Christ."[4][5] The ACLU represented the couple, Robert Ingersoll and Curt Freed, in their lawsuit against the small business on grounds of discrimination.[6] ACLU attorneys proposed a settlement in the suit if she publicly apologized, donated $5,000 to a local LGBT youth center and stopped refusing to service people due to sexual orientation.[7] The Alliance Defending Freedom countered the case stating the small business should not be required to violate deeply held religious beliefs.[8]

The second lawsuit was a consumer protection suit, State of Washington v. Arlene's Flowers, filed by Washington Attorney General Bob Ferguson[9] in order to uphold Washington state's Consumer Protection Act.[10] The case would have been settled with a penalty of $2,000 under the Washington Consumer Protection Act, a $1 payment for costs, and agreement not to discriminate in the future. However, Stutzman responded that she would not comply, citing the state's constitution 'freedom of conscience in all matters of religious sentiment'.[11] On January 7, 2015, Benton County Superior Court Judge Alexander Ekstrom ruled the owner was personally liable, concluding that Arlene's Flowers must provide full wedding support for same-sex ceremonies, including custom design work to decorate the ceremony, delivery to the forum, staying at the ceremony to touch up arrangements, and assisting the wedding party.[12][13]

The third lawsuit, Arlene's Flowers v. Ferguson, was filed as a countersuit by Stutzman to claim financial damages caused by the previous two lawsuits.[9]

On February 18, 2015, Judge Ekstrom ruled that she had violated the state's anti-discrimination law in both cases.[14][15] On February 19, 2015, Stutzman stated she would appeal the ruling.[16] On March 27, 2015, Judge Ekstrom ordered Stutzman to pay a $1,000 fine, plus $1 for court costs and fees.[17][18]

Stutzman had received over $174,000 in individual donations on GoFundMe,[19] prior to GoFundMe removing her donation page citing a violation of the website's terms of service, which bar fundraising campaigns that it deems "discriminatory."[20]

On November 15, 2016, state Attorney General Ferguson personally argued the case before the Washington Supreme Court at its hearing, which was held before an audience in Bellevue College’s auditorium.[21] On February 16, 2017, the state Supreme Court unanimously ruled against Stutzman, holding that her floral arrangements do not constitute protected free speech, and that providing flowers to a same-sex wedding would not serve as an endorsement of same-sex marriage.[22] Rejecting Stutzman's Free Exercise Clause claim, Justice Sheryl Gordon McCloud wrote “this case is no more about the access to flowers than civil rights cases were about access to sandwiches.”[23][24]

Stutzman has appealed the decision to the Supreme Court of the United States.[25]

See also

References

  1. ↑ "Barronelle Stutzman, Arlene's Flower Shop Florist, Refuses Washington Gay Wedding Job Because Of Religion". Huffington Post. March 7, 2013. Retrieved March 7, 2015.
  2. ↑ Burk, Denny (February 20, 2015). "A florist loses religious freedom, and much more". CNN. Retrieved March 7, 2015.
  3. ↑ "Judge refuses to recuse himself in Washington state gay wedding flowers case". Star Tribune. June 29, 2013. Retrieved March 7, 2015.
  4. ↑ "Washington State Sues Florist for Declining to Beautify Same-Sex ‘Wedding’". National Catholic Register. April 16, 2013. Retrieved March 7, 2015.
  5. ↑ "Arlene's Flowers in Richland sued by gay couple". Tri-City Herald. April 18, 2013. Retrieved March 7, 2015.
  6. ↑ "Ingersoll v. Arlene's Flowers". ACLU. February 18, 2015. Retrieved March 7, 2015.
  7. ↑ Turnbull, Lornet (April 17, 2013). "State’s case against florist fires up gay-marriage critics". Seattle Times. Retrieved March 7, 2015.
  8. ↑ "Wash. florist answers ACLU lawsuit". Alliance Defending Freedom. May 21, 2013. Retrieved March 7, 2015.
  9. 1 2 "Wash. florist will not wilt, sues AG to reclaim religious freedom". Alliance Defending Freedom. May 16, 2013. Retrieved March 7, 2015.
  10. ↑ "Wash. state attorney general sues florist for refusing to supply same-sex wedding". Washington Times. April 11, 2013. Retrieved March 7, 2015.
  11. ↑ Smith, Samuel (February 23, 2015). "Florist Who Refused Gay Wedding Offered Settlement; I Will Not Be Like Judas, Betray Jesus for Money, She Replied". Christian Post. Retrieved March 7, 2015.
  12. ↑ "Judge: Arlene’s Flowers owner can be sued in her personal capacity". Tri-State Herald. January 7, 2015. Retrieved March 7, 2015.
  13. ↑ "Wash. floral artist’s home, savings at risk of state seizure after court ruling". Alliance Defending Freedom. February 18, 2015. Retrieved March 7, 2015.
  14. ↑ "Court Rules Florist Discriminated Against Gay Couple by Refusing to Sell Flowers for Their Wedding". American Civil Liberties Union. February 19, 2015. Retrieved March 7, 2015.
  15. ↑ Kaplan, Sarah (February 20, 2015). "Washington florist rejects settlement offer after court rules she can’t refuse service to gay weddings". Washington Post. Retrieved March 7, 2015.
  16. ↑ "Florist who refused to do flowers for gay wedding to appeal". Associated Press. February 19, 2015. Retrieved March 7, 2015.
  17. ↑ Nunnally, Derrick (March 27, 2015). "Judge Fines Washington Florist Over Same-Sex Wedding Flowers". ABC News. Retrieved March 31, 2015.
  18. ↑ Smith, Samuel (March 30, 2015). "Christian Grandma-Florist Fined $1,001, Ordered to Work Gay Weddings but Refuses, Says She Won't Betray Jesus; State Threatens to Take Her Home, Business Away". Christian Post. Retrieved March 31, 2015.
  19. ↑ Smith, Samuel (April 29, 2015). "GoFundMe Removes Christian Grandma-Florist Barronelle Stutzman's Fundraising Page; 2nd Christian Business Facing 'Ruin' Removed From Site This Week". Christian Post. Retrieved August 30, 2015.
  20. ↑ Ohlheiser, Abby (May 1, 2015). "After GoFundMe shuts down Christian bakery crowdfunding, it bans ‘discriminatory’ campaigns". Washington Post. Retrieved August 30, 2015.
  21. ↑ "Barronelle Stutzman Oral Arguments Washington State Supreme Court 11-15-16". November 15, 2016 – via YouTube.
  22. ↑ La Corte, Rachel (16 February 2017). "Wash. court rules against florist in gay wedding case". Detroit News. Retrieved 17 February 2017.
  23. ↑ Thompson, Lynn (16 February 2017). "Richland florist discriminated against gay couple by refusing service, state Supreme Court rules". The Seattle Times. Retrieved 18 February 2017.
  24. ↑ State v. Arlene's Flowers, Inc., __ P.3d __ (Wash. 2017).
  25. ↑ http://ijpr.org/post/scotus-could-shape-outcome-oregon-same-sex-wedding-cake-case#stream/0
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