Arlene's Flowers lawsuit

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The Arlene's Flowers lawsuit is a group of merged civil suits brought against Arlene's Flowers of Richland, Washington, US, by a same-sex couple that was refused service, represented by the American Civil Liberties Union (ACLU), and by Washington Attorney General Bob Ferguson. The lawsuits gained national attention due to their religious and civil rights implications.[1][2]

Legal case[edit]

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 Barronelle Stutzman, the owner of Arlene's Flowers, 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 Christian beliefs.[4][5] The same-sex couple denied Stutzman's services, Robert Ingersoll and Curt Freed, were represented by the ACLU in their lawsuit against the business on grounds of discrimination per the anti-discrimination laws of the state of Washington.[6] Attorneys for the ACLU proposed a settlement in the suit with the following conditions: Stutzman making a public apology, donating $5,000 to a local LGBT youth center, and a promise to no longer refuse service to customers based on their sexual orientation.[7] The legal group representing Stutzman, Alliance Defending Freedom, countered the settlement offer, stating she should not be required to violate her religious beliefs.[8]

The second suit against Stutzman was a consumer protection suit filed by state Attorney General Bob Ferguson.[9] The premise of the suit, State of Washington v. Arlene's Flowers, was filed by Ferguson in order to uphold the state's Consumer Protection Act.[10] Upon settlement, the decision would bring a $2,000 fine under the Washington Consumer Protection Act, a $1 payment for costs, and agreement not to discriminate in the future. Stutzman, however, responded that she would not comply, with her counsel citing the state's constitution in regard to "freedom of conscience in all matters of religious sentiment".[11] Following Stutzman's response, Benton County Superior Court Judge Alexander Ekstrom ruled on January 7, 2015 that she could be sued in her personal capacity.[12]

A third lawsuit, Arlene's Flowers v. Ferguson, was filed as a countersuit by Stutzman to claim financial hardship she suffered as a result of the previous two lawsuits.[9]

Judge Ekstrom ruled on February 18, 2015 that Stuzman had violated the state's anti-discrimination law in both cases.[13][14] The next day, Stutzman's lawyers announced they would appeal the ruling.[15] On March 27, 2015, Judge Ekstrom ordered Stutzman to pay a $1,000 fine and $1 for court costs and fees.[16][17]

Via GoFundMe, Stutzman received over $174,000 in individual donations[18] before the website removed her donation page citing a violation of their terms of service. GoFundMe stated their policy bars fundraising campaigns it deems discriminatory.[19]

On November 15, 2016, state Attorney General Ferguson personally argued the case before the Washington Supreme Court; the hearing was held before an audience at an auditorium on the campus of Bellevue College.[20] 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.[21] 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."[22][23]

Following the state high court's decision, Stutzman filed a petition for a writ of certiorari in the Supreme Court of the United States, asking the Court to hear the case.[24] During this case, a similar case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, had made its way to the Supreme Court, and which was decided in early June 2018. The ruling was made on procedural grounds in that the bakery owner's religious views were treated with hostility by the Colorado Civil Rights Commission, and remanded that a new hearing be made. Stutzman, on this news, stated that she had also found her religious views treated with hostility by the state of Washington, and sought a similar rehearing. On June 25, 2018, the Supreme Court granted the petition for a writ of certiorari, vacated the judgment, and remanded the case to the Supreme Court of Washington for further consideration in light of the Masterpiece Cakeshop decision.[25][26]

See also[edit]

References[edit]

  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 [press release]". American Civil Liberties Union. February 18, 2015. Retrieved March 7, 2015. 
  7. ^ Turnbull, Lornet (April 17, 2013). "State's case against florist fires up gay-marriage critics". The Seattle Times. Retrieved March 7, 2015. 
  8. ^ "Wash. florist answers ACLU lawsuit [press release]". Alliance Defending Freedom. May 21, 2013. Retrieved March 7, 2015. 
  9. ^ a b "Wash. florist will not wilt, sues AG to reclaim religious freedom [press release]". 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". The 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. ^ "Court Rules Florist Discriminated Against Gay Couple by Refusing to Sell Flowers for Their Wedding [press release]". American Civil Liberties Union. February 19, 2015. Retrieved March 7, 2015. 
  14. ^ Kaplan, Sarah (February 20, 2015). "Washington florist rejects settlement offer after court rules she can't refuse service to gay weddings". The Washington Post. Retrieved March 7, 2015. 
  15. ^ "Florist who refused to do flowers for gay wedding to appeal". Associated Press. February 19, 2015. Retrieved March 7, 2015. 
  16. ^ Nunnally, Derrick (March 27, 2015). "Judge Fines Washington Florist Over Same-Sex Wedding Flowers". ABC News. Retrieved March 31, 2015. 
  17. ^ 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". The Christian Post. Retrieved March 31, 2015. 
  18. ^ 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". The Christian Post. Retrieved August 30, 2015. 
  19. ^ Ohlheiser, Abby (May 1, 2015). "After GoFundMe shuts down Christian bakery crowdfunding, it bans 'discriminatory' campaigns". Washington Post. Retrieved August 30, 2015. 
  20. ^ "Barronelle Stutzman Oral Arguments Washington State Supreme Court 11-15-16". November 15, 2016 – via YouTube. 
  21. ^ La Corte, Rachel (16 February 2017). "Wash. court rules against florist in gay wedding case". Detroit News. Retrieved 17 February 2017. 
  22. ^ 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. 
  23. ^ State v. Arlene's Flowers, Inc., __ P.3d __ (Wash. 2017).
  24. ^ Arlene’s Flowers, Inc. v. Washington, SCOTUSblog.
  25. ^ https://www.supremecourt.gov/orders/courtorders/062518zor_g3bh.pdf
  26. ^ Wolf, Richard (June 25, 2018). "First cake, now flowers: Supreme Court gives florist who refused to serve gay wedding a new hearing". USA Today. Retrieved June 25, 2018.