Thomas More Society supports shop owner who refused to
celebrate homosexual marriage
(August 25, 2017 – Washington, DC) The invitation to “say it with flowers” has proved
problematic for a Washington state florist who is asking the United States
Supreme Court to review her case. The Thomas More Society has filed an amicus
curiae (“friend of the court”) brief in support of the request for review
by Baronnelle Stutzman, floral designer and owner of Arlene’s Flowers in
Richland, Washington. Stutzman was sued by a long-time customer when she
declined his request to create floral arrangements for the celebration of his
marriage to another man.
As
a committed Christian, Stutzman believes that marriage is meant to be between
one man and one woman. This presented a problem when she was asked to use her
art of custom floral design to participate in and celebrate a marriage ceremony
that would violate her sincerely held religious beliefs. Stutzman believes her
First Amendment right to freedom of speech protects her against being compelled
to create artistic expression for an event that contravenes her religious
beliefs.
The
Washington State Supreme Court disagreed and affirmed a ruling punishing the
71-year old Stutzman for running her business according to her faith. In 2015,
the trial court found that Stutzman had violated the Washington Law Against
Discrimination and the Washington Consumer Protection Act. Stutzman has
been ordered to pay a $1,000 fine, actual damages in an undetermined amount,
and attorneys’ fees and costs expected to total hundreds of thousands of
dollars. She can also no longer operate her business according to her beliefs
without risking further legal sanction. The small-town florist is now seeking
justice and validation of her constitutionally protected rights from the
highest court in the land, the United States Supreme Court.
Joan
Mannix, Thomas More Society Special Counsel, stated that the United States
Supreme Court and the United States Courts of Appeals have consistently
recognized that the First Amendment affords expansive protection to all forms
of expression, including nonverbal art forms, including painting, music and
dance.
“There
is extensive case law to support this and the idea that an artist's
self-expression is protected regardless of whether the resulting works clearly
express a particularized message,” stated Mannix. “Baronnelle Stutzman’s custom
floral arrangements are a nonverbal medium of artistic expression. Her
arrangements, especially those for wedding ceremonies, are designed to deliver
an expressive message, consistent with the personalities of the couple,
approving of and celebrating their marriage, and are therefore entitled to
First Amendment protection.”
Mannix
added that one reason it is so important for the United States Supreme Court to
accept the case for review is because the Washington Supreme Court adopted a
narrow construction of the First Amendment that disregards numerous cases
holding that nonverbal art forms constitute pure “speech” within the meaning of
the First Amendment, despite the fact that those art forms do not employ actual
words.
Stutzman,
explained why she gave her longstanding client referrals to three other
florists when asked to create custom floral arrangements for his wedding to
another man: “If all he’d asked for were prearranged flowers, I’d gladly have
provided them.” “If the celebration were for his partner’s birthday, I’d have
been delighted to pour my best into the challenge. But as a Christian, weddings
have a particular significance…(he) was asking me to choose between my
affection for him and my commitment to Christ...my relationship with Jesus is
everything to me.”
Read
the amicus brief filed August 21, 2017, with the United States Supreme Court in Arlene's Flowers, Inc. v. State of Washington, U. S.
Supreme Court, Docket No. 17-108, here.
About the Thomas More
Society
The Thomas More Society is a
national not-for-profit law firm dedicated to restoring respect in law for
life, family, and religious liberty. Headquartered in Chicago and Omaha, the
Thomas More Society fosters support for these causes by providing high quality
pro bono legal services from local trial courts all the way up to the United
States Supreme Court. For more information, visit thomasmoresociety.org.
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