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Tuesday, February 21, 2017, 3:58 a.m.


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Florist loses gay-wedding appeal; shop owner discriminated, justices say

By RACHEL LA CORTE The Associated Press

This article was published February 17, 2017 at 4:30 a.m.


In this Nov. 15, 2016, file photo, Barronelle Stutzman, left, a Richland, Wash., florist who was fined for denying service to a gay couple in 2013, smiles as she is surrounded by supporters after a hearing before Washington's Supreme Court in Bellevue, Wash.

OLYMPIA, Wash. -- The Washington state Supreme Court ruled unanimously Thursday that a florist who refused to provide services for a same-sex wedding broke the state's anti-discrimination law, even though she claimed that doing so would violate her religious beliefs.

A lower court had ruled against Barronelle Stutzman, a florist in Richland, Wash., for denying service to a gay couple in 2013, and ordered her to pay a $1,000 fine.

Stutzman argued that she was exercising her First Amendment rights. But the court held 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.

"As Stutzman acknowledged at deposition, providing flowers for a wedding between Muslims would not necessarily constitute an endorsement of Islam, nor would providing flowers for an atheist couple endorse atheism," the opinion said.

Stutzman's lawyers said they would ask the U.S. Supreme Court to overturn the decision.

"It's wrong for the state to force any citizen to support a particular view about marriage or anything else against their will," Stutzman's attorney, Kristen Waggoner, wrote in a statement issued after the ruling. "Freedom of speech and religion aren't subject to the whim of a majority; they are constitutional guarantees."

It's one of several lawsuits around the country -- including some involving bakers -- about whether businesses can refuse to provide services over causes they disagree with, or whether they must serve everyone equally.

A Colorado case involving a baker who would not make a wedding cake for a same-sex couple is pending before the U.S. Supreme Court, according to Lambda Legal. In 2014, the court declined to hear an appeal of a case from New Mexico that went against a photographer who denied a same-sex couple service.

Gov. Jay Inslee lauded Thursday's ruling, saying it was "in favor of equality for all Washingtonians."

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"By ruling that intolerance based on sexual orientation is unlawful, the Court affirmed that Washington state will remain a place where no one can be discriminated against because of who they love," Inslee said in a written statement.

Stutzman previously had sold the couple flowers and knew they were gay. However, Stutzman told them that she couldn't provide flowers for their wedding because same-sex marriage was incompatible with her Christian beliefs.

Washington Attorney General Bob Ferguson and the couple sued her, saying she broke state anti-discrimination and consumer-protection laws, and the lower court agreed. The state's nine justices upheld that verdict.

The court rejected several arguments put forth by Stutzman, including the assertion that since other florists were willing to serve the couple, no harm occurred.

"As every other court to address the question has concluded, public accommodations laws do not simply guarantee access to goods or services. Instead, they serve a broader societal purpose: eradicating barriers to the equal treatment of all citizens in the commercial marketplace," the court wrote. "Were we to carve out a patchwork of exceptions for ostensibly justified discrimination, that purpose would be fatally undermined."

The case thrust the great-grandmother into the national spotlight and she testified before state lawmakers in Indiana and Kansas.

Michael Scott, a Seattle attorney who worked with the American Civil Liberties Union to represent Robert Ingersoll and Curt Freed -- the couple denied the flowers -- previously had told the justices that he didn't believe Stutzman's floral creations constituted speech. By providing flowers for a same-sex marriage, he argued, "she's not endorsing same-sex marriage. She's selling what she sells."

Stutzman entered the florist business 30 years ago, when her mother bought a flower shop.

At a news conference after the ruling, Ferguson said under Washington state law, a business is not required to provide a particular service, but if it does so for couples of the opposite sex, it must provide that service equally to same-sex couples. Ferguson noted that Stutzman is not currently selling wedding flowers, but if she were to resume that side of her business, she would not be allowed to sell only to heterosexual couples.

"The state Supreme Court has made that very clear," he said.

Information for this article was contributed by Gene Johnson of The Associated Press.

A Section on 02/17/2017

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Displaying 1 - 9 of 9 total comments

BOLTAR says... February 17, 2017 at 8:51 a.m.

Blessed are the homophobes for they shall be cheered by fake Christians.

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Popsmith says... February 17, 2017 at 9:07 a.m.

Blessed are the stupid, for their glory is in their shame.

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TimberTopper says... February 17, 2017 at 10:06 a.m.

If you are in business, you cannot discriminate. Plain and simple.

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hogfan2012 says... February 17, 2017 at 10:48 a.m.

If you own your own business, you should be able to serve whomever you please - or not! Freaking USA is quickly becoming a communist nation!

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Slak says... February 17, 2017 at 11:27 a.m.

Sorry hogfan.
There is a reason people of some religions live in closed communities. It is so they can legally practice the kind of discrimination that is rightfully outlawed in the public sector.
Flower and Cake businesses that want to discriminate should move into the compound.

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Vickie55 says... February 17, 2017 at 1:10 p.m.

I wonder if this florist provides flowers for a marriage between divorced people? The Bible does say that a man who lays with a woman who is divorced is committing adultery. Or is it okay to just pick and choose the sins we discriminate against?

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TimberTopper says... February 17, 2017 at 2:40 p.m.

Vickie, seems that most of the religious nuts like to pick and choose their verses. Hogfan, if you are in business, as long as the money is legal tender, that's what a business owner cares about. I see that you are not in business with that attitude. Don't try it until you change.

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RaylanGivens says... February 17, 2017 at 3:10 p.m.

I don't think I would want a cake from this bakery if they didn't like the way I looked. It might end up being an Ex Lax or rat poison cake

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JakeTidmore says... February 17, 2017 at 3:45 p.m.

Equality for ALL. Justice for ALL. Freedom for ALL. Anything less that relegates our fellow Americans to a second-class role is unacceptable. The patina of religion does not excuse a breach of these principles. Do NOT ever expect freedom to discriminate and hate. You do NOT have the right to treat people in such an evil and wicked manner.
It's not communism, socialism, capitalism, totalitarianism, or whatever -ism you like or dislike that calls for equality and justice. It goes beyond politics.
It's simple decency toward our fellow human beings.

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