Statement of ADF Senior Counsel Kristen Waggoner from media
briefing, Feb. 16, 2017 regarding Washington Supreme Court decision in State of
Washington v. Arlene’s Flowers and Ingersoll v. Arlene’s Flowers
We are deeply disappointed with today’s court
decision. It’s unbelievable to think that Barronelle Stutzman, a small business
owner and creative professional who loves and respects everyone who walks
through her shop’s doors, stands to lose all that she owns – her retirement,
her life savings, her home – simply for declining to create custom expression
for one event that violated her conscience for a long-time friend and customer.
All Americans should be free to peacefully live and act consistent with their
convictions and faith without threat of government punishment.
Kristen Waggoner |
Our government was formed to be freedom’s
greatest protector, not its greatest threat. But we are here today because the
state of Washington and the ACLU have relentlessly gone after Barronelle’s
freedom and everything she owns.
Barronelle created custom floral arrangements
for Rob dozens of times over the course of nearly 10 years. Many of those
artistic arrangements were for his partner, Curt. One time, in all those years,
she declined to create a specific message that conflicted with her deeply held
beliefs about marriage. And Rob and Curt had no trouble obtaining wedding
flowers from two other local floral design artists. The only damages they claim
are $8 in gas to go there instead.
This case is about crushing dissent. In a
free America, people with differing beliefs must have room to coexist. It’s
wrong for the state to force any citizen to support a particular view about
marriage or anything else against their will. Freedom of speech and religion
aren’t subject to the whim of a majority; they are constitutional guarantees.
Our nation has a long history of protecting
the right to dissent, but simply because Barronelle disagrees with the state
about marriage, the government and ACLU have put at risk everything she owns.
This includes not only her business, but also her family’s savings, retirement
funds, and home. It’s no wonder that so many people are rightly calling on
President Trump to sign an executive order to protect our religious freedom.
Because that freedom is clearly at risk for Barronelle and so many other
Americans, and because no executive order can fix all of the threats to that
freedom, we will ask the U.S. Supreme Court to hear this case and reverse this
grave injustice.
No one would expect a Muslim journalist to
write a piece for a religious journal that attacked Mohammed; no one would
expect an Orthodox Jewish artist to create a mural for a religious customer
that contradicted the Torah’s teachings. Nor should Barronelle be forced to
create custom expression celebrating a same-sex wedding.
We all have reason to fear a government that
can ruin a 72-year-old grandmother for politely disagreeing with a friend.
Tolerance is a two-way street. Otherwise, the government requires surrender,
not nondiscrimination. And no one in America should be required to surrender
their constitutional rights.
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