Thursday, June 14, 2018

Arlene's Flowers v. Washington scheduled for SCOTUS conference today

Barronelle Stutzman
Barronelle Stutzman, proprietor of Arlene's Flowers flouted Washington's nondiscrimination ordinance
At the Supreme Court, Arlene's Flowers, Inc. v. State of Washington was distributed for conference today. This is the third time that it was scheduled. Arlene's Flowers is the store owned by Barronelle Stutzman who decided not to sell flowers to a gay couple for use at their wedding in 2013 in defiance of Washington's nondiscrimination law.

Alliance Defending Freedom filed a supplemental brief on June 6 claiming that, like the case of Masterpiece Cakeshop v. Colorado, the state was openly hostile to religion. The state and respondents Robert Ingersoll and Curt Freed have filed responses. The ACLU, on behalf of Ingersoll and Freed, wrote:
Petitioners now claim this case, like Masterpiece Cakeshop, was tainted by religious hostility in the adjudication of the complaint. Both because Petitioners never raised this claim in their petition for certiorari, and because there is no evidence in the record to support the assertion in any event, the Court should deny certiorari.
We might get a decision from the Court on whether or not they will hear this case on Monday. I have given up on trying to figure out what the Supreme Court might do.

Arlene's Flowers is represented by Alliance Defending Freedom, an anti-LGBT hate group.

Eugene Volokh reminds me that even if the Court chooses not to hear the case that does not settle the issue. They could choose to hear another case after letting the matter simmer for a year or two.

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