ABOVE: Barronelle Stutzman, public photo via Facebook.
The U.S. Supreme Court has rebuffed a wedding florist in Washington State who sought review of her case for a First Amendment right to refuse to serve same-sex couples.
In its orders list on July 2, the Supreme Court indicated it has denied certiorari, or refused to take up a case, in response to a petition for review from Arlene’s Flowers. The petition from the floral shop, owned by Barronelle Stutzman, is included among the denials on the orders lists without explanation or a vote tally of the justices, as is customary.
The American Civil Liberties Union, which had represented Robert Ingersoll and Curt Freed, the same-sex couple denied service in 2013 at the floral shop for their wedding, declared victory as a result of the Supreme Court’s action.
“Planning a wedding was a joyful time for Rob and Curt until they were refused service at their local flower shop,” Ria Tabacco Mar, an ACLU lawyer representing the couple and the director of the ACLU Women’s Rights Project,” said in a statement. “No one should walk into a store and have to wonder whether they will be turned away because of who they are. Preventing that kind of humiliation and hurt is exactly why we have nondiscrimination laws.”
The Washington State Supreme Court found in 2017 Stutzman violated the Washington Law Against Discrimination, a state law that prohibits discrimination against LGBTQ people in public accommodations, ordering her to pay a fine of $1,000.
It’s the second petition from Arlene’s Flowers before the U.S. Supreme Court. Stutzman has twice sought from justices review of her case, asserting her penalty under the Washington State law contravened her rights to freedom of religion and freedom of speech under the First Amendment.
As a result of her first petition, the U.S. Supreme Court vacated the Washington State Supreme Court decision and remanded for review before the Washington State Supreme Court in light of the limited decision in the Masterpiece Cakeshop case. The Washington State Supreme Court, however, reaffirmed the decision it had reached earlier and upheld the $1,000 fine against Stutzman, who subsequent filed another petition before the U.S. Supreme Court.
The latest petition from Arlene’s Flowers has been pending before the Supreme Court for some time. Alliance Defending Freedom, a law firm that sought to undermine LGBTQ rights in the name of religious freedom, had made the legal filing before the court in 2019, so the petition has been pending for two years.
Kristen Waggoner, general counsel for Alliance Defending Freedom, said in a statement in the aftermath of the U.S. Supreme Court’s refusal to hear the case the decision was “tragic.”
“Although the outcome of this case is tragic, the critical work of protecting the First Amendment freedoms of all Americans must continue,” Waggoner said. “No one should be forced to express a message or celebrate an event they disagree with. A government that can crush someone like Barronelle, who kindly served her gay customer for nearly a decade but simply declined to create art celebrating one sacred ceremony, can use its power to crush any of us regardless of our political ideology or views on important issues like marriage.”
It’s hard to see, however, where Alliance Defending Freedom can go with this case at this point, if anywhere. The course of the litigation appears to be complete.
