Sued by Government for Refusing to Provide Flowers for Gay Wedding, Elderly Florist Files Countersuit

Sued by Government for Refusing to Provide Flowers for Gay Wedding, Elderly Florist Files Countersuit June 15, 2013

 

Arlene’s Flower and Gifts.  Is it the only place to buy flower in Washington? 

Bob Ferguson, Washington state’s attorney general, probably thought he was picking an easy fight when he took on 68 year old Barronelle Stutzman. After all, she not only had gray hair, she was a small business owner with very few resources to defend herself against the government.

It probably looked like an easy way to earn kudos from the my-way-or-the-highway crowd that seems to be running parts of our government these days. Ms Stutzman, who has a history of employing self-identified homosexuals, as well as serving them, evidently draws the line when it comes to providing flowers for gay weddings.

I think I see where she’s coming from. Selling flowers to gay customers or employing gay people are both well within Christian behavior. In fact, treating gay people like people is pretty much a requirement of following Jesus. Providing flowers for a gay wedding, on the other hand, would have put Ms Stutzman in the position of actively participating in something that just about all traditional Christians regard as sinful. It is a violation of what Jesus intended for marriage to be, and, many people believe, will do great harm to the already damaged institution of marriage.

To use an analogy, if someone who was getting ready to rob bank came into your store and wanted to buy a carton of milk for their lunch, selling them the milk would not make you part of their bank robbing. However, if they asked you to sell them a bag for the money, and they told you it would be used in a bank robbery, you would be part of the crime.

I am not equating bank robbery with gay marriage. They are entirely different. I just used that as an illustration.

The point here is that to compel someone to participate in an action that they regard as sinful is a violation of their human dignity and their right as human beings and American citizens to decide these things for themselves. Even if bank robbery was legal, if a store owner still believes that theft is a sin, they should have the right to refuse to sell the erstwhile robber the bag for the loot.

Ms Stutzman’s problems began on March 1, when Robert Ingersoll, who had known Ms Stutzman for 10 years, asked her to sell him flowers for his “wedding” to Curt Freed. Here’s Ms Stutzman’s description of what happened:

“He said he decided to get married, and before he got through I grabbed his hand and said, ‘I am sorry. I can’t do your wedding because of my relationship with Jesus Christ,’” Stutzman said. “He thanked me and said he respected my opinion. We talked and gave each other a hug and he left.” She said it was the only wedding she had declined in 37 years.

Attorney General Ferguson must not have too many serious crimes to deal with up there in Washington State because he immediately saddled up his white horse and rode out to hammer down on Ms Stutzman. He is using a consumer protection act to seek a $2,000 fine against Ms Stutzman, along with a permanent injunction which would force her to either sell flowers for gay weddings or to stop selling flowers for wedding ceremonies altogether. I do not know what jurisdiction passed the act the AG is using.

The only legitimate reason I can see for the chief law enforcement officer in Washington state to take such an extreme interest in this incident is that Ms Stutzman’s shop, Arlene’s Flower and Gifts, must be the only place in Washington state where those poor people who live there can buy flowers. That’s kind of sad, when you think about it.

However, Ms Stutzman hasn’t rolled over. She has filed a countersuit through the Alliance Defending Freedom. Her lawsuit is based on federal constitutional protections of religious freedom and protections in the Washington State Constitution.

According to American’s Defending Freedom:

ADF explains that the state’s lawsuit “is attempting to force Stutzman to act contrary to her religious convictions in violation of her constitutional freedoms.”

“In America, the government is supposed to protect freedom, not use its intolerance for certain viewpoints to intimidate citizens into acting contrary to their faith convictions,” said ADF senior legal counsel Dale Schowengerdt. “Family business owners are constitutionally guaranteed the freedom to live and work according to their beliefs.”

He added, “It is this very freedom that gives America its cherished diversity and protects citizens from state-mandated conformity.”

In additional to federal constitutional protections, the Washington State Constitution also protects “freedom of conscience in all matters of religious sentiment, belief, and worship,” as stated in Article 1, Section 11.

Stutzman has set up a fund for her defense. Donations can be sent to:

Key Bank
1275 Lee Blvd
Richland, WA 99352
509-392-4638
Attn: Lindsey


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