Judge Rules Against Arlene's Flowers
by Joseph Backholm
In a decision that has significant
implications for business owners who hold the historic view on issues
of marriage and sexuality, a Benton County Superior Court Judge ruled
yesterday that it is illegal to refer business for same-sex ceremonies
if you are willing to provide business for any wedding.
Judge Alex Eckstrom ruled that Arlene's Flowers and its owner,
Barronelle Stutzman, violated Washington State's non-discrimination law
when she declined to provide floral services for a long-time customer.
As a result, both the business and personal assets of Barronelle Stutzman are at risk of state seizure.
In
his ruling, the judge quickly dismissed the idea that the First
Amendment's guarantee to the free exercise of religion protected
Arlene's Flowers.
In
support of his conclusion that the non-discrimination law trumps
whatever protections the First Amendment might have once offered, he
favorably cited the recent New Mexico Supreme Court decision in which
the court ruled that being forced to take pictures of a same-sex
commitment ceremony was the "price of citizenship."
The judge also rejected the argument that the Washington State Constitution's conscience protections offered any relief.
The
State Constitution says that "[a]bsolute freedom of conscience in all
matters of religious sentiment, belief and worship, shall be guaranteed
to every individual...."
However,
the judge concluded that the state could force businesses to choose
between their faith and business because the state can restrict
religious practices "inconsistent with the peace and safety of the
state."
Apparently, declining to be part of a same-sex wedding is now "inconsistent with the peace and safety of the state."
While
the founders came to this country to flee religious oppression, the
court has essentially said that anyone who holds to the historical
understanding of marriage and sexuality may not be in the wedding
industry.
A couple points to keep in mind with all of this.
Arlene's
Flowers did not and does not discriminate on the basis of sexual
orientation. She happily serves people who identify as gay, including
the customers involved in this incident for nine years.
This was an event that she did not want to be part of.
Opponents
of conscience rights argue that if she's allowed not to be part of a
same-sex ceremony that "White's Only" signs will start appearing in
store windows throughout the land.
Here's the difference.
She objected to the service being requested, not the person requesting the service.
It's a big difference.
It's
the difference between having a "White's Only" sign in your business
and deciding not to print material for the Black Panthers because you
don't like what they're about.
One is overt bigotry, the other is simply the ability to be yourself.
Yesterday's
decision is not the end of the story for Arlene's Flowers. This
decision will likely be appealed, and many subsequent decisions may be
appealed as well. It could be years before there is a final resolution
to this dispute.
However,
the need for people to stand alongside Barronelle Stutzman and
demonstrate to our government that she is not alone is critical.
Please call your legislators now at 1-800-562-6000 and tell them to act to protect religious freedom. You can also email them by clicking here. Have your friends do the same.
The legislature can solve this problem quickly if they are compelled to.
You can also call Attorney General Bob Ferguson, who filed this lawsuit at 360-753-6200.
Please be respectful in all your comments, but please be heard.
Some are passionately committed to creating a country in which diversity has been thrown on the ash heap of history.
Unless
our commitment to preserving religious freedom and conscience rights
exceeds their commitment to destroying them, we'll lose. Just like
Barronelle Stutzman did yesterday.
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