Floral bouquets – Photo: Ms angie gray, via Wikimedia.
On Thursday, the Washington State Supreme Court reaffirmed a lower court decision finding that a florist cannot cite her religious beliefs as justification for refusing to serve same-sex couples under Washington State’s nondiscrimination law.
In a unanimous decision, the nine Washington Supreme Court justices ruled that Barronelle Stutzman, the owner of Arlene’s Flowers, Inc., in Richland, Wash., had violated the Washington Law Against Discrimination when she refused to provide flowers for the wedding of Curt Freed and Robert Ingersoll because they are in a same-sex relationship.
Stutzman had argued that her First Amendment rights were being violated if she was forced to participate in a wedding to which she morally objects by providing flowers for the occasion. But Justice Sheryl Gordon McCloud wrote in the opinion that enforcing the WLAD did not violate Stutzman’s constitutional rights.
“Discrimination based on same-sex marriage constitutes discrimination on the basis of sexual orientation,” McCloud wrote in the opinion. “We therefore hold that the conduct for which Stutzman was cited and fined in this case — refusing her commercially marketed wedding floral services to Ingersoll and Freed because theirs would be a same-sex wedding — constitutes sexual orientation discrimination under the WLAD.
“As applied in this case, the WLAD does not compel speech or association. And assuming that it substantially burdens Stutzman’s religious free exercise, the WLAD does not violate her right to religious free exercise under either the First Amendment or article I, section 11 because it is a neutral, generally applicable law that serves our state government’s compelling interest in eradicating discrimination in public accommodations.”
The decision marks the second such defeat for Stutzman, who also lost in Benton County Superior Court in February 2015. According to the Tri-City Herald, Stutzman plans to appeal to the U.S. Supreme Court and ask them to reverse the ruling.
“Religious freedom is a fundamental part of America, said Elizabeth Gill, a staff attorney with the American Civil Liberties Union’s LGBT Project, which is representing Freed and Ingersoll. “But religious beliefs do not give any of us a right to ignore the law or to harm others because of who they are. When people experience acts of discrimination, they feel that they are not full and equal members of our society, and we’re delighted that the Washington Supreme Court has recognized this.”
Americans United for Separation of Church and State, which filed a friend-of-the-court brief defending Freed and Ingersoll, also declared victory. In its brief, Americans United had noted that the argument advanced by Stutzman’s lawyers, if accepted, could have gutted the WLAD and allowed businesses to discriminate by denying services for virtually any reason. As a result, there would be no consistency to the law, and thus, “gay men, lesbians, and members of other protected classes (and their children) would not know which businesses they could patronize and could not expect the law to protect their rights of access to public accommodations.”
“Supporters of Arlene’s Flowers say they want religious freedom, but what they really seek is the right to use their religion to humiliate others and treat them like second-class citizens,” Rev. Barry Lynn, the group’s executive director, said in a statement. “That’s not religious freedom; it’s just plan, old-fashioned bigotry. The Washington Supreme Court was right to shut it down.”
A grand jury concluded that Syracuse City Judge Felicia Pitts-Davis discriminated against a lesbian couple by refusing to marry them and then attempted to conceal her actions, recommending that she be removed from the bench.
In a June 5 ruling, the Appellate Division of the Fourth Judicial Department ordered that the December 2024 grand jury report be unsealed. The report was made public over the weekend.
"Judge Pitts-Davis laid bare her bigotry towards homosexual people and her willingness to put her personal feelings above her oath as an official charged with discharging the law," the report states.
An LGBTQ cruise banned from docking in Turkey earlier this week has now also been denied permission to dock at its replacement port in Egypt.
Atlantis Events CEO Rich Campbell, who is aboard Virgin Voyages' Scarlet Lady with roughly 1,900 passengers -- primarily Americans, along with sizable contingents from Australia, the United Kingdom, and Canada -- told The Washington Post that Egypt's decision was "really unheard of" and "strange and sad." He said approval for the ship to dock in Alexandria was revoked at the last minute.
New Hampshire Republican Gov. Kelly Ayotte has vetoed, for the third time since taking office last year, a bill seeking to bar transgender people from bathrooms and other spaces that align with their gender identity.
The "bathroom bill" seeks to carve out exceptions to New Hampshire's 2018 Law Against Discrimination, which prohibits discrimination based on sexual orientation and gender identity. The measure was signed into law by former Republican Gov. Chris Sununu.
As reported by the New Hampshire Bulletin, the bill would allow business owners to bar transgender people from restrooms or locker rooms that align with their gender identity, permit female-designated sports teams to exclude transgender women from competition, and allow jails and prisons to assign housing based on a person's sex assigned at birth.
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