Supreme Court Won't Hear Anti-Gay Florist's Appeal
The United States Supreme Court will not hear the appeal of a florist who refused to offer her services to a same-sex couple for their wedding, citing a religious objection. It's decision today sends the case back to the lower court.
In February of last year, the Washington Supreme Court ruled in favor of the couple, Robert Ingersoll and Curt Freed, and against Baronelle Stutzman (above) of Arlene’s Flowers, stating the "case is no more about access to flowers than civil rights cases in the 1960s were about access to sandwiches."
Washington's civil rights law protects against discrimination on the basis of sexual orientation.
The decision follows the Supreme Court's ruling in favor of baker Jack Phillips in the Masterpiece Cakeshop case, where the court decided the Colorado Civil Rights Commission displayed anti-religious bias. That narrow ruling did not touch on the main issues of free speech and religious exemptions to anti-discrimination law.
Despite the lack of clarity on the key legal questions, the Supreme Court has still tasked the lower court with taking cues from that decision to rehear Stutzman's complaint.
Far-right religious legal group Alliance Defending Freedom, who also represented Phillips (below, with Stutzman), accused Washington Attorney General Bob Ferguson, who filed a case on behalf of the couple, of pursuing “unprecedented measures to punish Barronelle not just in her capacity as a business owner but also in her personal capacity,” the Associated Press reports.
Still, there are no claims of anti-religious bias in the legal proceedings, as there were in the Masterpiece case.
"The Washington State Supreme Court now has the job of determining whether the U.S. Supreme Court ruling affects this case," Ferguson said, NBC reports. "I am confident they will come to the same conclusion they did in their previous, unanimous ruling upholding the civil rights of same-sex couples in our state."
"The Supreme Court today asked the Washington courts to re-examine our clients’ case in light of the recent decision in Masterpiece Cakeshop,” said James Esseks, director of ACLU’s LGBT and HIV Project, in a statement. The ACLU also filed a suit on the couple's behalf, in addition to the Attorney General.
“To be clear, the court made no indication the lower courts ruled incorrectly and made no decision on the case’s merits. We are confident that the Washington State Supreme Court will rule once again in favor of the same-sex couple, and reaffirm its decision that no business has a right to discriminate."