Florist Who Declined Gay Wedding Request Loses Her Case, Promises Appeal to the Supreme CourtPosted: February 16, 2017
‘This case is about crushing dissent. In a free America, people with differing beliefs must have room to coexist’
Kelsey Harkness reports: An appellate court unanimously ruled against Barronelle Stutzman, the Washington florist who declined to make flower arrangements for a same-sex couple’s wedding because of her religious beliefs.
“It’s wrong for the state to force any citizen to support a particular view about marriage or anything else against their will. Freedom of speech and religion aren’t subject to the whim of a majority; they are constitutional guarantees.”
At National Review, David French writes:
…But this is the sexual revolution we’re talking about, so it’s necessary for the court to make a statement declaring the government’s allegiances. Indeed, late in the opinion its author gave the game away. Picking up on the absurd and historically ignorant comparison of the modern gay-rights movement with the civil-rights movement in the segregationist South, the judge wrote, “This case is no more about access to flowers than civil rights cases in the 1960s were about access to sandwiches.”
“That’s it right there: the state religion. It reserves for itself the exclusive ability to name, define, and eradicate “social evils,” and heaven help the individual citizen who disagrees. There is no need to show a traditional, legally recognized harm.”
What are they talking about? The federal government took the extraordinary step of passing the civil-rights acts to give black Americans access not just to sandwiches but to hotel rooms, jobs, voting rights, and all the other things they were systematically denied as southern states and communities continually and oppressively imposed the “badges and incidents of slavery” on them. In the pre-civil-rights South, black citizens often had trouble finding places to eat or sleep. They couldn’t vote. They couldn’t get justice in state courts. Civil rights was about access, at its most elementary and necessary level.
But that’s not the case any longer. The gay couple in this case had no trouble finding flowers. Stutzman even recommended other florists who would have been happy to help them celebrate their wedding. So, given the absence of any real harm, the court said that the state had a compelling state interest in punishing the “independent social evil” of discrimination toward a “broader societal purpose: eradicating barriers to equal treatment of all citizens in the commercial marketplace.”
That’s it right there: the state religion. It reserves for itself the exclusive ability to name, define, and eradicate “social evils,” and heaven help the individual citizen who disagrees. There is no need to show a traditional, legally recognized harm. There is no need to prove lack of access to alternative artistic expressions. There is only the need to show that the business owner won’t use her unique talents to help celebrate the sexual revolution.
Finally, if you doubt the court’s malice, look only to its last ruling — that Stutzman can be held personally liable for her allegedly discriminatory act. In other words, the court is willing to pierce the corporate veil to impose individual liability even in the absence of the traditional justifications for that drastic step. Stutzman didn’t commit fraud. She didn’t commingle her personal and corporate funds. She kept her private and professional affairs separate. But she still faces personal financial ruin.
Social-justice warriors will no doubt celebrate the breaking of another egg for their cultural omelet. … (read more)
The ruling, issued on Thursday by Washington’s nine Supreme Court justices, stated that in refusing to provide services for the same-sex couple’s wedding, Stutzman, owner of Arlene’s Flowers, violated the state’s anti-discrimination law.
“The state of Washington bars discrimination in public accommodations on the basis of sexual orientation. Discrimination based on same-sex marriage constitutes discrimination on the basis of sexual orientation,” the ruling reads.
“We therefore hold that the conduct for which Stutzman was cited and fined in this case—refusing her commercially marketed wedding floral services to [Robert] Ingersoll and [Curt] Freed because theirs would be a same-sex wedding—constitutes sexual orientation discrimination under the [Washington Law Against Discrimination].”
The court rejected Stutzman’s argument that the state’s anti-discrimination law infringes on her constitutional rights of free expression and speech. The judges wrote:
As applied in this case, the Washington Law Against Discrimination does not compel speech or association. …. (read more)
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