Thursday, February 19, 2015

Judge Slaps Down "Christian" Florist Who Refused to Serve Gays

"Godly Christian" bigot Barronelle Stutzman
It has been settled law since 1982 that one's supposed religious beliefs do not give you the license to ignore laws of general application, which includes anti-discrimination laws.  The definitive case was United States v. Lee, 455 U.S. 252 (1982), in which the U.S. Supreme Court rejected the claims of an Amish business owner who claimed that the imposition of employer paid social security taxes for employees offended the business owner's religious beliefs.  The telling language in the ruling is as follows:
[E]very person cannot be shielded from all the burdens incident to exercising every aspect of the right to practice religious beliefs. When followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.
Pretty clear cut, right?  But not to the "godly folk" who think they are above the law or to the lunatics at the Alliance Defending Freedom who regularly commit, in my opinion, file frivolous filings and make arguments that ignore controlling precedent that ought to expose ADF and its clients to sanctions.  

Today a court in Washington State slapped down a "Christian" florist who had refused to provide services to a same sex couple "because of her religious beliefs."  It was a classic example of far right, self-centered Christofascists demanding special rights and a license to ignore state laws, in the case Washington State's public accommodations laws.   Think Progress has deatils on the ruling.  Here are highlights:
A Washington state judge has ruled that florist Barronelle Stutzman, owner of Arlene’s Flowers, broke state law when she refused to provide flowers for the wedding of Robert Ingersoll and Curt Freed. Stutzman, . . . .  had been sued by the same-sex couple and the state’s attorney general for breaking both the Washington Law Against Discrimination and the state’s Consumer Protection Act.  
She countersued, seeking the right to engage in such discrimination based on her religious beliefs.

Though Stutzman has become a darling of the religious right for asserting her Southern Baptist beliefs about same-sex marriage, her arguments about religious freedom fell flat in court. Benton County Superior Court Judge Alex Ekstrom concluded in his decision that “to accept any [of] the Defendants’ arguments would be to disregard well-settled law.”

In fact, the case was rather open-and-shut. . . . Ekstrom asserted that “no Court has ever held that religiously motivated conduct, expressive or otherwise, trumps state discrimination law in public accommodations.” He also pointed out that Stutzman is not a minister nor is Arlene’s Flowers a religious organization. Likewise, the law does not specifically target her because of her beliefs, but is “neutral and generally applicable” to all people of all beliefs.

Ekstrom agreed that “the State’s compelling interest in combating discrimination in public accommodations is well settled” and is not superseded by an individual’s religious beliefs. As the Supreme Court wrote in the 1982 case United States v. Lee, “When followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity. 

Ekstrom pointed out that a rule where discriminating businesses simply refer customers to non-discriminating businesses “would, of course, defeat the purpose of combating discrimination, and would allow discrimination in public accommodations based on all protected classes, including race.” 

The non-discrimination law in no way violates any constitutional principles, Ekstrom concluded, because, “For over 135 years, the Supreme Court of the United States has held that laws may prohibit religiously motivated action, as opposed to belief. In trade and commerce, and more particularly when seeking to prevent discrimination in public accommodations, the Courts have confirmed the power of the Legislative Branch to prohibit conduct it deems discriminatory, even when the motivation for that conduct is grounded in religious belief.”

The decision follows a near-identical ruling in Oregon last month against a bakery that refused a cake to a same-sex couples. The string of losses in similar cases follows back to an Iowa wedding venue, a Vermont reception venue, a Colorado bakery, and a New Mexico photographer who all similarly tried to refuse services related to a same-sex commitment ceremony. All of those states have laws protecting against discrimination based on sexual orientation . . . .
Kudos to the court!!

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