By Darren Smith, Weekend Contributor
We previously wrote HERE of Richland, Washington Florist Baronelle Stutzman, the owner of Arlene’s Flowers, who caused a row when she refused to provide her floral services for a gay wedding. Now, a Benton County Superior Court Judge ruled that she violated the state’s consumer protection act that bars discrimination against a protected class.
The legal action was brought by customer Robert Ingersoll and the Washington Attorney General’s Office.
Judge Alex Ekstom rejected Baronelle’s arguments that her actions were protected by free speech and religious freedom guarantees stating in part:
“For over 135 years, the Supreme Court has held that laws may prohibit religiously motivated action, as opposed to belief. The Courts have confirmed the power of the Legislative Branch to prohibit conduct it deems discriminatory, even where the motivation for that conduct is grounded in religious belief.”
Robert had been a customer of Arlene’s Flowers for several years prior to the incident in question. Baronelle was aware that he was gay and had a partner Curt Freed for whom he purchased flowers. When Washington statutorily provided for gay marriage in 2012, Robert asked Baronelle to make the wedding arrangement for him. But, Baronelle declined, putting her hand upon Robert’s and stating that “because of [her] relationship with Jesus Christ”, she would not be able to do so—according to her statement in a deposition.
Curt and Robert sued. They cited the Washington Consumer Protection Act and its laws against discrimination. They supported by the Washington Chapter of the American Civil Liberties Union and the State Attorney General who welcomed the Superior Court ruling.
Attorney General Bob Ferguson in a statement said:
“The law is clear: If you choose to provide a service to couples of the opposite sex, you must provide the same service to same-sex couples.”
The state is seeking the two thousand dollar fine the statute provides.
The Alliance Defending Freedom organization announced the day after it would on behalf of Baronelle appeal the ruling. The alliance claimed that the ruling would bring financial ruin Baronelle and Arlene’s Flowers
By Darren Smith
Source: KOMO News
The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.
Am I the only one who finds the term “protected class” offensive?
If this or that “class” is “protected”, what does that mean about all the other classes? The very term itself is discriminatory by definition. Is that our goal?
And do NOT came back at me with the 1950-60’s civil rights issues…those were issues of fundamental humanity and not discriminating. disparaging, or harming others based upon skin color or ethnicity. I was there and part of the movement. I do not recall anyone calling for “protected classes” as if other “classes” were just on their own.
Sorry, the term just bothers me. It identifies (discriminates) some group as unique and perhaps offensive to some, thus “protected” rather than just establishment of a general concept of humanity. Don’t even try to compare failure of service at a lunch counter, a drinking fountain, a lavatory, or on a bus to failure of service by a florist….that mere comparison offends me. Am I am Protected class” because of that?
Aridog – Protected Class is offensive. It’s like Indigenous Persons Day
The 14th Amendment says all that is needed: equal treatment under the law. The florist, when she started her business, became subject to the laws – all laws – of the state. There’s the law states that you can not discriminate on the basis of sexual orientation. She violated that law. She is subject to punishment. Period.
Marco wrote: “The 14th Amendment says all that is needed: equal treatment under the law.”
Actually, you did not quote that right. The 14th Amendment speaks about equal protection of the laws. Nevertheless, when a State or local law violates the First Amendment, as this one does in this case, that law is unconstitutional and no law at all.
The special protection of sexual orientation is a bad law for every State because it leads to injustice as we see in this case.
You might notice also that the florist did not object to the person’s sexual orientation. She sold him flowers before. His sexual orientation did not change when he decided to get married. She objected to participating in a gay marriage by creating a floral arrangement for the wedding. The law says nothing about participants in gay marriage being a protected class. Don’t you think she can object to a gay marriage without objecting to the sexual orientation of those getting married?
So why do gays display ultimate hate over fairy tale story of Sodom and Gomorrah? Because it’s true? Silence the truth.
Ultimately, businesses will get creative in how they market themselves to avoid the appearance of discrimination. Obviously this florist didn’t discriminate selling stock flowers but when it came to “arranging” the flowers for an event, well then she drew the line.
Arranging flowers is creative, more of an artistic expression and I don’t see how one’s artistic expression can be regulated. So when it comes to being forced to provide her artistic expression for an event she is not inspired by, then her work would reflect that. Eventually couples will cease hiring her when they hear word of her uninspired arrangements and see them in her sales catalog. Problem solved.
Sexual fetish should not be a protected class. That is not saying homosexuality should not be legal. Just not protected like race.
Discrimination is a natural right. As for as I’m concerned, my Government has
discriminated against me for taking my natural rights away. Having a protected
class of people is but a can of worms.
Imagine a gay navy crew having an F21 submarine. There’s a target rich environment out there with gays having a tactical advantage. Search and destroy is the mission.
J
It’s a Free Country
You aren’t any better of an animal than pappies or BitchinDog
+
Lawyers, lawyers, lawyers, politics and money. That’s all this is with these people involved, all while somebody gets fined? for running an honest business. That’s the bottom line in this case. Idiocracy the movie is here for real. – I’ve tried to sway you people away from the trap of talking about discrimination, but you all just couldn’t resist. If it wasn’t all about the money, there would be no fine or dollar “settlement” to begin with. This is straight-out mob rules.
BarkinDog is up in Saint Louis with his half blind guy. He sometimes sends his bark over the telephone into the Dogalogue Machine and it hence comes onto the blog here. Meanwhile, I have the Dogalogue Machine to my own self and bark, But he lived in Saint Louis in a prior life as a human and his half blind guy is from Ferguson. He used to swim laps at Wabash Pool. As to the song above, I made up the lyrics from the song out of West Side Story. I don’t make fun of bent people but I think they sometimes need to get their cake and eat it too. The bakery here will probably close and some bent guy will open a bent bakery called Rear Enders Without Fenders instead of East Enders. Selling a cake is not like selling a snow tire. One must use some artful design and creativity on the sides and top and sprinkle the right amount of angel dust on the sides. One can not be creative under duress. Next thing we will see is some Pedaphile Priest in that same town demanding birthday cakes with kids on the cake with their private parts showing. I would like to hear the oral argument on that one in the appellate court. Gay this and gay that and the next thing you know we will have some gay President. Is Giuliani gay? He sort of looks like it. If they elect him I will bitch day and night.
BitchinDog
I hate that Guliani guy. How dare him say that about Obama being such a Pizza head and all. Who does he think he is anyway. Just because he knew St. Ronnie and Lady Nancy doesn’t mean he can talk that way about the President.
Anyway. I agree with you
BitchinDog wrote: “Is Giuliani gay? He sort of looks like it.”
Yes, Giuliani is gay. He is the right kind of gay activist. He fought for the recognition of domestic partnerships in New York. Giuliani is the kind of gay politician that many conservatives and libertarians would vote for, and even those Christians who think homosexuality is a sin would vote for.
Not to sound hateful because I respect the gay community. But couldn’t this ruling be in violation of the 1st amendment right. I would bring up in the courts that the baker is being force to participate in the sin. It it kind of like telling Muslim women that they can not wear their Hijab in public.
Max – I might be thinking of another case, but the latest business to refuse service to gay weddings has been hit with a torrent of requests. Each refusal carries a $2,000 fine, so the summation is quite substantial. I think the sticking point is that some business owners just don’t want to be involved in gay weddings. We all know someone in our extended families or friends who feels that way. Parents, grandparents, etc. It makes me feel sad that instead of trying to change peoples’ minds, we’re threatening to wreck their finances and close their businesses down.
That’s not the way I envisioned things changing.
Happy: It is laudable to stand up for what you think is right, to vote with your voice and your feet on a business’ practices.
My question is what is the line where it needs to be legislated into a protected class. When do business owners have a right to refuse service?
I would have baked the cake, because I support gay marriage. But I don’t think polygamy is a great idea as practiced by the Yearning for Zion bunch. What if I was asked to provide a cake for a 16 year old to become someone’s 14th spiritual wife? (And NO, I don’t think gay marriage is equivalent to this; I’m trying to show that I have my own line in the sand.) What if I was forced to do so because a customer’s freedom of religion trumped mine?
I have some concerns over expanding protected classes. It no longer becomes a conversation, and devolves into lawsuits and nasty fights.
Personally, I would not eat a cake that the baker had been forced to make for me against her will. It is unwise to anger those who serve or make your food. And I don’t think that contributes to the loving spirit of a wedding.
Karen S
I would have baked the cake, because I support gay marriage. But I don’t think polygamy is a great idea as practiced by the Yearning for Zion bunch. What if I was asked to provide a cake for a 16 year old to become someone’s 14th spiritual wife? (And NO, I don’t think gay marriage is equivalent to this; I’m trying to show that I have my own line in the sand.) What if I was forced to do so because a customer’s freedom of religion trumped mine?
I have some concerns over expanding protected classes. It no longer becomes a conversation, and devolves into lawsuits and nasty fights.
Personally, I would not eat a cake that the baker had been forced to make for me against her will. It is unwise to anger those who serve or make your food. And I don’t think that contributes to the loving spirit of a wedding.
Karen – I get it (lol)
I know you can’t please everyone. Didn’t you see my Cake out in the Rain up there. The MacArthur Park song. lol.
I had to walk away from this thread because I could not take it serious. You see, I grew up in the middle of Gay Pride. I lived right near the Central West End of St.Louis and it was a Happening Place. Unisex bathrooms and everything. I hope BarkinDog is reading this. lol Anyway it was near where the old Gaslight Square used to thrive and, well was still thriving. lol I saw Queen down at the old Kiel Opera House in 1973 for 3.95 cents with that Freddie Mercury doing his Shear Heart Attack Number and everyone there was Gay except me and my little Sister. At least it seemed that way. They were snorting drugs out of plastic flower’s in their lapels. It was right after my Mother passed away. She would have had a shear heart attack. lol
Anyway, I grew up with these people in my Drama club and sang with them and idk. They are different and unique and it just makes me mad all over again. Sorry. 😉 I am different too. So I don’t like it when different people get picked on. But I appreciate you being able to see a distinction.
I don’t know about sister wives. I can’t say because, I just have never been there. I live by myself. But if you are doing something for someone else and making money? Whatever. But discrimination by any name is a nasty name as it makes some people more equal than others and it does not make the left more Totalitarian but the Right in this case imho.
[music– to The Jets]
When you are Bent you are Bent!
You are bent all the way.
From your first anal roost
To your last dying day.
So get with the program and join in the feast.
The new congregation eats parsley and beast.
BitchinDog
Did you write that? Squeeky?
Inga (Annie), discrimination is everywhere. Not only Do we get away with discrimination in every facet of culture (vastly outside of business), but that continues to expand with the very labels and laws that we create and enact. You cannot say it’s a shame that we Must create labels and put people into “classes” all while citing the constitution which guarantees the right of assembly and so on.
Tonight is prime rib night in Wisconsin. Last night, it was fried fish night. Tonight, it’s queen or king cut prime rib. Not a lot of variety in Wisconsin.
You can open a biz and refuse to serve fat, white, Christians, and be OK. Except, you wouldn’t last a week in biz in Wisconsin. It’s almost all fat, white, Christians. Well, except for Milwaukee.
I think people should play nice in the sand box. I think we need laws and all of this is a very fine line. It is a good thing we have a balance of powers where the Supreme Court can keep or throw something like this out. Finer minds than mine need to deal with the intricacies of law. I just think people need to play nice. I can’t stand it when they don’t and I will personally always stick up for someone I feel is being persecuted. You know. Like when they would not serve Jackie Robinson when he came on to the “white” ball club. I don’t think it matters if its race or gay, Just my opinion.
DBQ, As both parties have become antithetical to libertarianism, we might need a mini revolution to reassert the Constitution.
DBQ swears like a drunken sailor. No slam on Olly.
Happy, I have no illusions they listen to me either, lol, but that shouldn’t keep us from expressing our opinions either, right? 😉