Washington Florist and Religious Freedom Back at the Supreme Court
Barronelle Stutzman, a 74-year-old great-grandmother and owner of Arlene’s Flowers in Richland, Washington, is a living, breathing, First Amendment trooper. Declining to create a one-of-a-kind floral arrangement for a same-sex wedding in 2013 because of her faith, she was targeted by her state’s Attorney General and the ACLU with lawsuits designed to ruin her business and bankrupt her. She’s been denied relief twice now in her own state courts. In 2018, the U.S. Supreme Court vacated (removed) the first judgment against her and sent her case back to the Washington state courts for reconsideration following its Masterpiece Cakeshop decision concerning the religious freedom of wedding vendors. The parallels of religious hostility by state governments in both cases are undeniable. Her state courts had the opportunity to right a grievous wrong simply by following the Supreme Court’s reasoning in the wedding baker decision.
In 2019, however, during the second time around, the Washington state courts refused to heed the lessons of Masterpiece Cakeshop and once again decided against Stutzman.
She has now filed her second request with the nation’s highest court to hear her appeal.
“This case is an ideal opportunity for the U.S. Supreme Court to reaffirm that the First Amendment protects people who continue to believe that marriage is the union of a man and a woman,” ADF Vice President of Appellate Advocacy John Bursch said in a statement posted on ADF’s website. “Particularly at a time when society is becoming more confrontational and less civil, it is critical that the courts honor the rights of citizens to speak and act freely, including those who strive to live consistently with their faith.”
In addition to the religious hostility shown by the Washington Attorney General, Stutzman’s appeal also involves a First Amendment free speech issue. She objects to her state government compelling her to speak favorably—through her artistic creations—about issues such as same-sex marriage that are contrary to her faith.
This is the same issue the Arizona Supreme Court recently decided in favor of the owners of a graphic design business. The two young Christian entrepreneurs in that case were facing jail time and exorbitant fines for declining to create custom wedding invitations for same-sex weddings.
Now the U.S. Supreme Court has the opportunity to address this speech issue head-on in Stutzman’s situation, with national implications. It has already taken a dim view of government-compelled speech in its 2018 NIFLA v Becerra decision. Please pray the nation’s high court will accept Stutzman’s appeal and grant her justice.
The case is titled Arlene’s Flowers, Inc. v. State of Washington.
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ABOUT THE AUTHOR
Bruce Hausknecht, J.D., is an attorney who serves as Focus on the Family’s judicial analyst. He is responsible for research and analysis of legal and judicial issues related to Christians and the institution of the family, including First Amendment freedom of religion and free speech issues, judicial activism, marriage, homosexuality and pro-life matters. He also tracks legislation and laws affecting these issues. Prior to joining Focus in 2004, Hausknecht practiced law for 17 years in construction litigation and as an associate general counsel for a large ministry in Virginia. He was also an associate pastor at a church in Colorado Springs for seven years, primarily in worship music ministry. Hausknecht has provided legal analysis and commentary for top media outlets including CNN, ABC News, NBC News, CBS Radio, The New York Times, the Chicago Tribune, The Washington Post, The Washington Times, the Associated Press, the Los Angeles Times, The Wall Street Journal, the Boston Globe and BBC radio. He’s also a regular contributor to The Daily Citizen. He earned a bachelor’s degree in history from the University of Illinois and his J.D. from Northwestern University School of Law. Hausknecht has been married since 1981 and has three adult children, as well as three adorable grandkids. In his free time, Hausknecht loves getting creative with his camera and capturing stunning photographs of his adopted state of Colorado.
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