Washington State Supreme Court Upholds Ruling Against Anti-LGBTQ Florist

Homophobic florist Barronelle Stutzman

The Washington State Supreme Court has upheld its 2017 ruling which found florist Barronelle Stutzman had violated the state’s anti-discrimination laws when she refused to sell wedding flowers to a gay couple in 2013.

Stutzman’s legal team had appealed the original ruling to the U.S. Supreme Court, but last June the high court punted.

Instead of reviewing the case, SCOTUS vacated the Washington state Supreme Court ruling and ordered the state’s top court to take another look at the caseto ensure they did not rule with any religious bias.

On Wednesday, the state Supreme Court upheld its original ruling in a unanimous decision,

Washington state Attorney General Bob Ferguson issued a statement which read, “Washington state law protects same-sex couples from discrimination based on their sexual orientation, the same way it protects Washingtonians from discrimination based on their religion, veteran or military status, disability, race and other protected classes.”

The case began when Robert Ingersoll and Curt Freed were planning to marry in 2013 after Washington state legalized same-sex marriage the year before.

They approached Stutzman for flowers for their event, Stutzman refused citing her Christian beliefs.

Washington state’s public accommodation laws specifically prohibits discrimination based on sexual orientation.

Stutzman was fined $1,000 and ordered to sell floral arrangements for same-sex weddings if she were to continue selling arrangements for heterosexual weddings.

Although she cried about financial burdens due to the ongoing court case, it’s worth noting that over $174,000 was raised via crowd funding for Stutzman. GoFundMe eventually shut down the campaign based on the company’s policy that campaigns can’t be used to raise funds for legal cases where formal charges have been filed.

However, Stutzman was allowed to keep the $174,000.

Following Wednesday’s ruling, Stutzman’s attorneys (from the virulently anti-LGBTQ law firm Alliance Defending Freedom) say they plan to take their appeal (again) to the U.S. Supreme Court.

(Source: KEPR)

News Round-Up: January 11, 2019

Joe Blizzard

Some news items you might have missed:

• InstaHunk Joe Blizzard is setting some serious 'beard goals.' #Woof

• White House officials are considering diverting disaster funds earmarked for Puerto Rico, Florida, Texas and California to build Donald Trump's beloved 'wall' under the guise of declaring the border situation a 'national emergency.'

• Did you hear about the United Airlines pilot and copilot having sex in the cockpit during a flight? Me neither. But fools who came across the fake story on the fake news site World News Daily Report swallowed the bogus story hook, line and sinker.

• After reviewing recent HIV research, experts at the National Institute of Allergy and Infectious Diseases (NIAID) say they agree with over 300 health agencies around the world: HIV positive people with an undetectable viral load cannot sexually transmit HIV.

• Hate crime charges have been filed against a Washington state man who groped and punched a married lesbian couple at a Seattle Seahawks game.

• Check out this promo video for the upcoming WorldPride Main Event on Saturday, June 29, 2019, which will bring the entire LGBTQ community and its allies together on one ginormous dance floor at New York City's largest venue, the Jacob Javitz Center.

Click here for more info on Pride Festival.

SCOTUS Dodges Anti-LGBT Florist Case, Orders Lower Court To Revisit Decision

Barronelle Stutzman

 

The U.S. Supreme Court has declined to rule on the case of Washington state florist Barronelle Stutzman who refused to create flower arrangements for a same-sex wedding in 2013.

Although SCOTUS didn’t take the case, the justices instead vacated the 2017 ruling against Stutzman by the Washington state Supreme Court and ordered the state’s top court to take another look at the case and consider the SCOTUS ruling earlier this month regarding Colorado baker Jack Phillips of Masterpiece Cakeshop.

In that case, SCOTUS didn’t decide the central dispute which is: do anti-discrimination laws in 22 states bar “creative artist” business owners from legally discriminating against people based on their sexual orientation or do “deeply held religious beliefs” trump the rights of LGBTs?

Instead, 7 Supreme Court justices found that the Colorado state commission on civil rights appeared to show hostility towards religion in reaching its decision against the baker. In doing so, SCOTUS reversed the fine ordered on Phillips.

Today, SCOTUS told the Washington state Supreme Court to revisit the Stutzman case to see if similar anti-religious bias existed in coming to its decision regarding the florist.

In 2013, Robert Ingersoll and Curt Freed were planning to marry after Washington state legalized same-sex marriage the year before. But when they approached Stutzman for flowers for their event, Stutzman refused citing her Christian beliefs. Washington state’s public accommodation laws ban discrimination based on sexual orientation.

Stutzman was fined $1,000 and ordered to sell floral arrangements for same-sex weddings if she were to continue selling arrangements for heterosexual weddings.

Although she’s cried about financial burdens due to the ongoing court case, its important to remember that over $174,000 was raised via crowd funding for Stutzman.

GoFundMe eventually shut down the campaign based on the company’s policy that campaigns can’t be used to raise funds for legal cases where formal charges have been filed.

Stutzman was allowed to keep the $174,000.

The American Civil Liberties Union issued a statement in response to today's decision saying their work for LGBT equality will continue:

“The Supreme Court today asked the Washington courts to re-examine our clients’ case in light of the recent decision in Masterpiece Cakeshop,” said James Esseks, director of ACLU’s LGBT and HIV Project. “To be clear, the court made no indication the lower courts ruled incorrectly and made no decision on the case’s merits. We are confident that the Washington State Supreme Court will rule once again in favor of the same-sex couple, and reaffirm its decision that no business has a right to discriminate. Our work to ensure LGBT equality is the law and the norm in all 50 states will continue.”

Washington State Lawmakers Ban "Conversion Therapy" For Minors

From the AP:

The Washington Legislature has passed a bill to ban licensed therapists from trying to change a minor's sexual orientation.

The Senate agreed on changes made in the House to Senate Bill 5722 and passed it on a 33-16 vote Saturday. It now heads to Gov. Jay Inslee for his signature.

The bill would deem it "unprofessional conduct" for a licensed health care provider to perform conversion therapy on a patient under the age of 18.

Under the measure, if the provider violates the law, they would face sanctions ranging from fines to license revocation or suspension. Changes made in the House include the measure applying to non-licensed counselors operating as part of a religious organization, religious denomination or church.

Research shows no evidence that one can change their sexual orientation. In fact, these practices can have dangerous effects on LGBTQ young people such as depression, decreased self-esteem, substance abuse, homelessness, and even suicidal behavior.

So-called "conversion therapy" has been denounced by every major medical and mental health organization, including the American Medical Association, American Psychiatric Association, and the American Psychological Association.

Connecticut, California, Nevada, New Jersey, the District of Columbia, Oregon, Illinois, Vermont, New York, New Mexico, and Rhode Island all have laws or regulations protecting youth from this abusive practice.

Several cities and counties in Ohio, Pennsylvania, Washington, Florida, New York, and Arizona have also enacted similar protections.

News Round-Up: January 5, 2018

Joss Mooney (via Instagram)

Some news items you might have missed:

• Shoutout/woof to total thirst trap Joss Mooney who recently joined MTV's The Challenge. The former Ex on the Beach star and online trainer is giving you his best moody-muscle gaze via Instagram.    #Dang

• Twitter says they don't want to block the tweets of world leaders (we're looking at you, Donald Trump) because "people should be able to see and debate" important information those leaders may share.

• A transgender cab driver in the UK, who was snubbed by her kids when she came out, will not be sharing her $5.4 million lottery winnings with the hideous offspring.

• The groundbreaking Freeform (formerly ABC Family) series The Fosters will come to an end this Spring. The series, about a lesbian couple raising their adopted and biological children, will see the beginning of the end when the current season picks up January 9.

• Washington state has added a third gender option - "X" - to birth certificates. Additionally, the state has streamlined the process of updating gender identity on state-issued documents.

• Colorado prison guards "smiled" as a gay prisoner begged not to be housed with a rapist. Over the course of three days, the 21-year-old was repeatedly raped and beaten. He has filed suit against the federal government.

• Check out the new music video for “Mystery of Love” by Sufjan Stevens from the soundtrack for the acclaimed feature film, Call Me By Your Name, featuring footage from the film.

I'm thinking Oscar nomination for "Best Song" here.

Podcast: Anti-Trans Bathroom Measure Fails In WA; Germany Close To Adopting Marriage Equality; New Out Music From Superfruit

In this week's headlines on The Randy Report podcast:

• An anti-trans bathroom measure in Washington state fails in epic fashion

• Germany is close to adopting marriage equality

• Chechnya resumes rounding up and torturing gay men

• UK Prime Minister Theresa May sends best wishes for "Happy Pride" in London

• Nelsan Ellis (TRUE BLOOD's "Lafayette Reynolds") passes away at 39

• New music from Superfruit - the disco-tastic "Bad 4 Us"

All that and more in this episode of The Randy Report.

Washington: Anti-Trans Haters Fail To Bring ANY Signatures To Put Transgender Rights On November Ballot

Anti-trans bathroom measure, I-1552, will not qualify for the 2017 ballot in Washington State.

From Washington Won’t Discriminate:

Pop the champagne bottles: We just defeated I-1552!

Backers of this dangerous initiative needed to submit 260,000 valid petition signatures to the Secretary of State by 3PM today to qualify for the ballot. They didn’t even show up to hand over their petitions.

No signatures = automatic disqualification.

I-1552 will NOT be on Washington’s November ballot. And our state’s long-standing non-discrimination laws will continue to provide protections against discrimination for ALL Washingtonians—including our transgender family members, neighbors, coworkers, and friends.

And the HRC celebrates:

“Anti-equality activists spent hundreds of thousands of dollars attempting to pass a shameful ballot measure aimed at discriminating against LGBTQ people, but thanks to the fair-minded people of Washington State, they have failed,” said Marty Rouse, HRC National Field Director.

“For months, our opponents attempted to garner enough signatures to put the fundamental civil rights of transgender people on the ballot.

“Their failure is a victory for equality and validation of Washington’s non-discrimination laws that ensure fair and equal treatment for LGBTQ people in housing, employment, and public accommodations.

Updated: Democrats Caucus In Washington, Alaska & Hawaii

UPDATE:

************************************************

Three states will hold their presidential caucuses today - Washington, Alaska and Hawaii.

The caucus format has done very well for Sen. Bernie Sanders, so expectations are high that he could sweep all three contests. However, given that all delegates are awarded proportionally, I wouldn't look for Sanders to close the delegate gap too much today, although I'm sure he will walk away with a net gain.

Clinton currently holds the lead in pledged delegates by about 303. Washington is the big prize today with 101 delegates; Alaska will award 16, and Hawaii 25.

In that these are caucuses, there has been little to no polling done for today.

Expectations are high in Hawaii for Sanders. One Clinton supporter told Politico regarding Clinton's chances in Hawaii: “He's going to crush us. He should win this thing 2-to-1 at least,” the aide said of Sanders prospects. “If we keep this below 65-35 I'd be shocked.”

Tuesday is Wisconsin's turn to chime in on the presidential sweepstakes. The most recent poll shows former Secretary of State Hillary Clinton leading there by 6 points.

Then, after a couple of weeks off, the Dems return to the ballot box with contests in New York, Pennsylvania, Maryland, California and New Jersey. Current polls show Clinton leading by sizeable numbers in all of those states.

But that can all change. We shall see.

Washington Florist Set To Receive Over $150K After Violating State Law

The Washington state florist who was found guilty of breaking state public accommodations laws stands to receive over $150,000 in donations from a GoFundMe campaign set up for her.

Barronelle Stutzman, a Christian florist, refused to sell flowers for a same-sex wedding. This constituted a violation of state law because sexual orientation is included in the state's public accommodation laws.

The Washington State Attorney General and the same-sex couple sued Barronelle.

The court found her liable for violating the Washington Law Against Discrimination and ruled that both the state and the couple may collect damages and attorneys' fees from Barronelle's business and personal assets.

A friend then set up a crowd-sourcing campaign alleging Stutzman could "lose her business, her home, and her savings."

In reality, she was fined a whopping $1,000.

The "friend" writes on the GoFundMe page:

The funds will be held until the legal challenge has been resolved and the full extent of the need is assessed. Funds may be used to help cover any outstanding legal fees and costs imposed from the opposition. Funds may also be used to help replace the assets taken as a result of the legal challenges brought against Barronelle. The total cost to Barronelle is unknown because the legal challenges are ongoing. In the event the funds provided by donors exceed Barronelle’s needs, the funds will be used to cover those same expenses for others who defend their constitutional right to live consistently with their faith.

Washington State Florist Fined $1,000 For Refusing Service To Gays

Baronelle Stutzman

Remember the florist in Washington state who refused to sell a gay couple flowers for their wedding?

Remember how the haters screamed that the gays were going to ruin the florist by taking her home and livelihood away?

Yeah. It ended up a whopping $1,001 fine.

From the AP:

Benton County Superior Judge Alexander Ekstrom's ruling gives Barronelle Stutzman, owner of Arlene's Flowers and Gifts in Richland, Washington, 60 days to pay the state for her refusal to serve Robert Ingersoll and Curt Freed when they sought to buy wedding flowers in 2013.

Stutzman, who had sold flowers to Robert Ingersoll for years, knew he was gay and said when he sought to buy wedding flowers that the marriage went against her beliefs as a Southern Baptist. After they were refused flowers, Ingersoll and Freed went ahead with a smaller wedding than they had planned. They got married in their home with 11 guests and flowers from another florist.

In a February ruling, Ekstrom found that Stutzman's refusal to provide flowers because of sexual orientation violated Washington's anti-discrimination and consumer protection laws.

"My primary goal has always been to end illegal discrimination," Attorney General Bob Ferguson said. "I'm pleased that today's ruling clearly prohibits discrimination against same-sex couples."

Washington: Florist Declines Offer To Settle LGBT Discrimination Lawsuit

Barronelle Stutzman, the Washington state florist who refused to provide flowers for a gay wedding, has declined to accept an offer from the Washington state attorney general to settle her discrimination case by paying a $2,000 fine and agreeing to sell bouquets for same-sex ceremonies in the future.

In a letter to the Attorney General Bob Ferguson, Stutzman wrote that gay couples are allowed to act on their views, but “because I follow the Bible’s teaching that marriage is the union of one man and one woman, I am no longer free to act on my beliefs.”

From the Washington Post:

Stutzman, 70, owner of Arlene’s Flowers in Richland, Washington, says she plans to appeal a judge’s ruling that she broke a state anti-discrimination law.

Benton County Superior Court Judge Alex Ekstrom on Wednesday rejected arguments that Stutzman’s actions were protected by her freedoms of speech and religion.

The First Amendment protects religious beliefs but not necessarily actions based on those beliefs, Ekstrom ruled. The state has the authority to prohibit discrimination, and Stutzman can be held personally liable for damages if she breaks bias laws, the judge said.

A gay couple and the state sued the florist, who could be required to pay damages and legal fees that far exceed the attorney general’s offer.

Ferguson said Thursday that his goal wasn’t Stutzman’s financial ruin. He offered to settle the case for $2,000 — the fine for violations of the law — and a $1 payment for legal fees if she would agree not to discriminate against same-sex couples.

“My primary goal has always been to bring about an end to the defendants’ unlawful conduct and to make clear that I will not tolerate discrimination on the basis of sexual orientation,” Ferguson said in a news release.

Stutzman becomes a national martyr in 3, 2, 1...

AFA Tries To Re-Frame Case Against Anti-Gay Washington State Florist

I received an email "alert" from the anti-gay American Family Association today extolling the woes of the Washington state florist (and grandmother!) who was found guilty of violating the state's public accommodation laws.

Note how AFA puts their "spin" on things:

A state judge ruled this week that Washington floral artist and grandmother Barronelle Stutzman must provide full support for wedding ceremonies that are contrary to her faith.

The judge said the 70-year-old grandmother may lose not only her business, but also her home and savings because she lives her life and operates her business according to her beliefs.

Note again how they let you know she's a grandmother - as if grandmother's should get to break the law...

The state judge ruled Stutzman's business could not discriminate against a specific group of people.

Stutzman isn't in this predicament because she "operates her business according to her beliefs." She VIOLATED a state law that protects citizens from discrimination. Period.

From the Huffington Post:

Benton County Superior Court Judge Alexander C. Ekstrom found that the florist violated consumer protections when she wouldn't sell flowers for the same-sex wedding of a longtime customer because of her religious beliefs. The couple was protected by the Washington Law Against Discrimination, which prohibits bias based on sexual orientation, the court ruled.

Plus, the AFA exaggerates the fines Stutzman may be required to pay. According to the state attorney general's office, she may be required to pay $2,000 per violation. Not exactly her entire "business, home and savings."

The point of this post is to expose how these groups like to frame and exaggerate their arguments so they can pretend to be rational.

Washington Florist Found Guilty Of Discriminating In Public Accomodations Lawsuit

Washington state florist Arlene's Flowers has been found guilty of discrimination according to the state's public accommodation  and consumer protection laws.

From ABC News:

A florist in Washington state who refused to provide flowers to a gay couple for their wedding violated state consumer protection and anti-discrimination law, a judge ruled Wednesday.

Benton County Superior Court Judge Alex Ekstrom rejected arguments from the owner of Arlene's Flowers in Richland that her actions were protected by her freedoms of speech and religion. While religious beliefs are protected by the First Amendment, actions based on those beliefs aren't necessarily protected, he said.

Washington Attorney General Bob Ferguson and the American Civil Liberties Union of Washington, which represented the couple, welcomed the ruling.

"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," Ferguson said.

The law allows for penalties of up to $2,000 per violation, as well as legal fees. The state will likely seek those against Stutzman individually as well as her business, said Peter Lavallee, a spokesman for the attorney general's office.

BREAKING: Shooting At Washington State High School

BREAKING: Washington State high school on lockdown after reports of shooting on or near campus: Seattle Times newspaper
— Reuters Top News (@Reuters) October 24, 2014

According to the Seattle Times, the gunman appears to have shot himself to death after injuring several at Marysville-Pilchuck High School:

A gunman believed to have opened fire at Marysville-Pilchuck High School Friday morning is dead from a self-inflicted gunshot wound, according to two law-enforcement sources.

Police have not released details, but there are reports of as many as seven other people shot about 10:45 a.m.

Three of the injured were taken by ambulance to Providence Regional Medical Center in Everett, including one with a head wound.

Washington state House passes bill banning "gay conversion therapy"

Washington state's House of Representatives has passed legislation that would ban 'gay conversion therapy' for minors by health care providers.


From the AP:

House Bill 2451, which passed on a 94-4 vote, would make it an act of unprofessional conduct to try to change the sexual orientation of a patient under 18.

That would include efforts to change behaviors, gender expressions or to reduce sexual or romantic attractions toward people of the same sex.

The lawmakers who opposed the measure were: Reps. Mark Hargrove, R-Covington; Brad Klippert, R-Kennewick; Jason Overstreet, R-Lynden; and Elizabeth Scott, R-Monroe.

Washington state enjoys marriage equality

More than 2,400 gay couples have married in Washington state since December.


Is that "happy dance" news or what?

Washington: GOP bill looks to circumvent non-discrimination law

Several Republican lawmakers filed a bill Thursday seeking an exemption to the state’s anti-discrimination laws just weeks after legal action was taken against a Richland, Wash., florist who denied service to a gay couple for their upcoming wedding.

The bill introduced by Sen. Sharon Brown (R-Kennewick), would allow businesses the right to deny services or goods if they felt doing so was contrary to their “sincerely held religious beliefs, philosophical beliefs, or matters of conscience.”

The measure would not apply to the denial of services to people under a protected class under federal law, such as race, religion or disability.

Brown said the measure seeks to protect people or religious organizations from legal persecution. “There’s a glaring lack of protection for religion in state law,” she said.

The bill has not yet been referred to a committee or scheduled for a public hearing, and is not likely to before the regular legislative session ends on Sunday.

Earlier this month, the American Civil Liberties Union in Washington state filed a lawsuit in response to a March 1 incident in which Barronelle Stutzman refused to provide flowers for Robert Ingersoll and Curt Freed’s wedding, despite the two men being longtime patrons of her shop – Arlene’s Flowers and Gifts in Richland, which is in Brown’s legislative district.

Protections against discrimination based on sexual orientation were codified in 2006.  Under state law, it’s illegal for businesses to refuse to sell goods, merchandise and services to any person because of their sexual orientation.

Josh Friedes, a spokesman for Equal Rights Washington, said that the bill seeks to undermine the state’s anti-discrimination laws “and it undermines our entire approach to ensuring the equality of all Washingtonians in commerce.”

“It is discrimination, pure and simple,” he said.

More at LGBTQNation

Washington: Florist being sued for discriminating against gay couple

So, here's how I got the story:

A couple of months ago, Baronelle Stuzman, a Washington state florist, told longtime customers, Robert Ingersoll and Curt Freed, that she refused to do business with them — or "participate in the wedding," as she called it — because she believed as a Christian "that marriage is between a man and a woman."

Freed, 43, pointed out that they never asked her to "participate" in their wedding — just to sell them flowers FOR their wedding. The couple has been buying flowers from the shop for nine years.

In any case, Stuzman hugged her gay customer and merrily went on her way.

Now, she's now being sued by Washington Attorney General Bob Ferguson, the SeattlePI reports:

Ferguson said he sent a March 28 letter to owner Barronelle Stutzman asking her to reconsider and supply flowers to customer Robert Ingersoll.  Through an attorney, Stutzman declined to change her position.

“As Attorney General, it is my job to enforce the laws of the state of Washington,” said Ferguson.  “Under the Consumer Protection Act, it is unlawful to discriminate against customers based on sexual orientation.  If a business provides a product or service to opposite-sex couples for their weddings, then it must provide same sex couples the same product or service.”

The AG's office s asking that a $2,000 fine be imposed for every violation in a complaint filed in Benton County Superior Court.

I think it's important to reiterate that this legal action is not about marriage equality.   The law being cited and sued under, the Consumer Protection Act, was passed years before Washington's recent marriage equality law.  The same suit could be filed if someone decided they didn't want to serve African Americans or Catholics.

Of course, the anti-marriage equality folks are already touting this as a "gay marriage" issue.

From the National Organization for Marriage: "Like clockwork, those who disagree with gay marriage are being fined and forced out of the public square -- by the state-imposed redefinition of marriage."

And from Tony Perkins at Family Research Council:

Washington state: Judges coming in on day off to perform weddings

I love when a community comes together for the right reasons.

From Dominic Holden at The Stranger:

After learning that City Hall is fully booked for weddings on December 9, the first day gay couples can legally wed in Washington State, King County Superior Court judge Susan Craighead called this afternoon to let me know that judges have made a plan. Judges will come into the courthouse on their day off, unpaid, to meet the demand.

Many people were told there was no room left at City Hall, Judge Craighead said on the phone, and wanted me to post this to help get the word out. "The building isn't even heated, but we are willing to be in our courtrooms marrying people as needed. The court just realized that the community needs our services, and we are happy to provide them."

When time was growing short in 2008 right before Prop 8 was passed in California, Michael and I headed to Palm Springs to get married.  We had already gotten married in Toronto in 2003, but really wanted a US marriage license.

The folks at City Hall in Palm Springs were swamped with couples looking to get married before the ax fell election day. Even with a full, packed schedule, the receptionist said "come down, we aren't turning anyone away."

We arrived to find couples and families filling the entry hall of City Hall.  Ceremonies were taking place everywhere in the building as the mayor and all city council members could perform the marriage ceremony. And in a quiet corner of the City Council Meeting room, the Mayor Pro Tem Ginny Foat married us.

I'm thrilled for the couples in King County. A very exciting and emotional time ahead this weekend. I wish the best for every single couple and family.

Celebrate kids!

Photo of the Day: Washington state

Photographer Meryl Schenker captured this moment at a Washington state marriage bureau today.  The photo already has 1400 shares on Facebook.

From Meryl's PhotoShelter page: "One month after Washington State voters approved the state's marriage equality law in Ref. 74, same-sex couples get marriage licenses for the first time on December 6th, 2012.

"At around 1:30am, Larry Duncan, 56, left, and Randy Shepherd, 48, from North Bend, Wash. got their marriage license. The two plan to wed on December 9th, the first day it is possible for them to wed in Washington State. They have been together for 11 years."

(via JMG)