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The Daily Signal
State Says
70-Year-Old Flower Shop Owner Discriminated Against Gay Couple
Kelsey Harkness
February 20, 2015
A judge in Washington state ruled this week that a 70-year-old florist
who declined to make flower arrangements for a gay couple’s wedding
violated the state’s anti-discrimination and consumer protection laws.
In a phone interview with The Daily Signal, Barronelle Stutzman said
the decision—and its accompanying fines—will put her flower shop out of
business, or worse.
After the fines and legal fees, “There won’t be anything left,”
Stutzman said.
“They want my home, they want my business, they want my personal
finances as an example for other people to be quiet.”
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Stutzman owns Arlene’s Flowers, which is a small flower shop in
Richland, Wash. She has been in the industry for over 40 years, for the
most part serving customers regardless of their sexual orientation.
Barronelle Stutzman, owner of a flower shop, says she is being sued for
staying true to her faith. (Photo: Alliance Defending Freedom)
(Photo: Alliance Defending Freedom)
But in March 2013, when Robert Ingersoll asked Stutzman to design
floral arrangements for his same-sex wedding to Curt Freed, she
declined, citing her Christian faith.
“I put my hand on his and said, ‘I’m sorry Rob, I can’t do your wedding
because of my relationship with Jesus Christ,’” Stutzman said. “We
talked a little bit, we talked about his mom [walking him down the
aisle]…we hugged and he left.”
Stutzman enjoyed a close relationship with Ingersoll, serving him for
many years, and never expected what would happen next.
Following their conversation, Washington’s attorney general told
Stutzman that her decision was in direct conflict with a state law that
ensures citizens freedom from discrimination, and pursued a lawsuit
against her.
The anti-discrimination measure prohibits places of public
accommodation—which officials say includes Arlene’s Flowers—from
refusing service to customers on grounds of race, creed, sexual
orientation and physical disability.
Arlenes
(Photo: Alliance Defending Freedom)
After Washington State Attorney General Bob Ferguson filed a lawsuit
against the florist, the American Civil Liberties Union filed another
suit on behalf of the couple.
The suits, since consolidated into Arlene’s Flowers v. Ferguson, were
filed in Washington’s Benton County Superior Court.
“Religious freedom is a fundamental part of America. But religious
beliefs do not give any of us a right to ignore the law or to harm
others because of who they are. When gay people go to a business, they
should be treated like anyone else and not be discriminated against,”
said Sarah Dunne, American Civil Liberties Union of Washington legal
director.
On Wednesday, ruling in favor of the plaintiffs in both cases, Benton
County Superior County Judge Alexander C. Ekstrom agreed, stating in
his 60-page opinion:
No court has ever held that religiously motivated
conduct, expressive or otherwise, trumps state discrimination law in
public accommodations. Religious motivation does not excuse compliance
with the law.
Contesting the decision, Stutzman said the state is taking away one of
her “basic rights, and feels that she is being used as a case example
after the state of Washington legalized same-sex marriage in 2012.
She and her attorney, Kristen Waggoner of Alliance Defending Freedom,
plan to appeal the court’s decision within the next 40 days.
In the meantime, Stutzman faces a fine of up to $2,000 for violating
Washington’s anti-discrimination law and a separate fine of $7.91
(which Ingersoll and Freed say is the cost of driving to find a new
florist).
What’s likely to cripple her, though, are attorney costs and fees,
which Alliance Defending Freedom estimates to be seven figures.
“They’re taking everything because I disagree with their stand,”
Stutzman said.
That’s not constitutional, nor is it right. They
basically want to strip me [of my rights] so it’s an example to other
people to be quiet.
Screen Shot 2015-02-19 at 11.29.26 PM
(Photo: Alliance Defending Freedom)
Stutzman’s lawyer told The Daily Signal that the ruling violates her
client’s right to free expression and speech.
“She’s having to use her heart, her mind and her hands to create
something that’s unique to celebrate same-sex marriage,” said Waggoner,
adding:
The government telling you that you have to be quiet
is one thing. It’s not a good thing. But the government telling you
that you must speak—that you must express a message—that is
frightening. And it will affect everyone whether they’re religious or
not.
In a joint statement to press, Freed and Ingersoll said they felt
betrayed by Stutzman’s decision not to serve them.
“We were hurt and saddened when we were denied service by Arlene’s
Flowers after doing business with them for so many years,” they said,
adding:
We respect everyone’s beliefs, but businesses that
are open to the public have an obligation to serve everyone.
When asked her response to the couple’s statement, Stutzman said:
“I did serve Rob. It’s the event that I turned down, not the service
for Rob or his partner.”
If she could speak with Ingersoll again, Stutzman said, “I would love
to give him a hug and tell him things are going to be OK.”
Indeed, while she stands by her decision, Stutzman said she still
thinks “the world” of her friend and longtime customer.
I had a good relationship with Rob and I served him
for years. We did have a personal relationship, and I think the world
of him. We just disagree on what marriage is.
Read this and other articles at The Daily Signal
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