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Judge: Religious expression is not protected by the Constitution
LifeSiteNews ^ | 2/20/15 | Dustin Siggins

Posted on 02/23/2015 7:38:22 AM PST by wagglebee

RICHLAND, WA, February 20, 2015 (LifeSiteNews.com) – A Washington State Superior Court judge ruled this week that politicians have the power to restrict religious actions and expression.

Benton County Superior Court Judge Alexander Ekstrom ruled that while the religious beliefs of florist Barronelle Stutzman related to marriage is protected by the U.S. Constitution, living her life in accordance with her faith is not.

Stutzman is the owner of Arlene’s Flowers and Gifts in Richland, Washington. A business owner for nearly 40 years, she was sued twice for allegedly violating the state's "Consumer Protection Act," because she refused to furnish flowers for a homosexual “marriage” service. The Act denies business owners religious liberty when it comes to sexual orientation, regardless of the owner's sincerely held beliefs.

In his decision, Ekstrom said that the 2006 law is constitutional. "For over 135 years, the Supreme Court of the United States has held that laws may prohibit religiously motivated action, as opposed to belief," he ruled.

He said that "in trade and commerce, and more particularly when seeking to prevent discrimination in public accommodations," legislatures are allowed "to prohibit conduct it deems discriminatory." Ekstrom ruled that this applies "even where the motivation for that conduct is grounded in religious belief."

The case goes back nearly two years ago, when Robert Ingersoll and Curt Freed asked Stutzman to provide flower arrangements for their "marriage." Stutzman, who had an existing professional relationship with Ingersoll, said in a deposition that “I just put my hands on his and told him because of my relationship with Jesus Christ I couldn’t do that, couldn’t do his wedding."

The former customers are seeking $7.91 in damages, to cover the cost of driving to another floral shop, and Stutzman faces up to $2,000 in fines plus the cost of legal fees because of charges filed by the state of Washington.

"Under the Consumer Protection Act, it is unlawful to discriminate against customers on the basis of sexual orientation,” state Attorney General Bob Ferguson said when he filed charges nearly two years ago. “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.”

Stutzman, who is being represented by the Alliance Defending Freedom, has said she will appeal Ekstrom's decision.

The American Civil Liberties Union (ACLU), which is backing Ingersoll and Freed, declined to comment to LifeSiteNews.

In a public statement, the legal director for the secularist advocacy group's state chapter said that "religious beliefs do not give any of us a right to ignore the law or to harm others because of who they are. When gay people go to a business, they should be treated like anyone else and not be discriminated against."

However, conservative blogger Erick Erickson decried the decision, telling LifeSiteNews that "the judge should have allowed free expression of religion by allowing the florist to opt out, particularly since it was well established she would otherwise serve gay customers."

Erickson, who compared extreme gay rights activists to Islamic extremists in a post about Stutzman's case, also said that "states should allow Christians to opt out of having to provide goods and services to gay weddings." 


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: homosexualagenda; moralabsolutes
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To: wagglebee

Romans 1:..
22 Although they claimed to be wise, they became fools.. 25 They exchanged the truth about God for a lie, and worshiped and served created things rather than the Creator—who is forever praised. Amen.

26 Because of this, God gave them over to shameful lusts. Even their women exchanged natural sexual relations for unnatural ones. 27 In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed shameful acts with other men, and received in themselves the due penalty for their error.

28 Furthermore, just as they did not think it worthwhile to retain the knowledge of God, so God gave them over to a depraved mind, so that they do what ought not to be done. 29 They have become filled with every kind of wickedness, evil, greed and depravity. They are full of envy, murder, strife, deceit and malice. They are gossips, 30 slanderers, God-haters, insolent, arrogant and boastful; they invent ways of doing evil; they disobey their parents; 31 they have no understanding, no fidelity, no love, no mercy.

Note also that Romans 1:32 points out that those who approve of such conduct are just as guilty as those who engage in it.

Lev 18:22 “You shall not lie with a male as one lies with a female; it is an abomination....

25‘For the land has become defiled, therefore I have brought its punishment upon it, so the land has spewed out its inhabitants.”


21 posted on 02/23/2015 8:01:49 AM PST by ForYourChildren (Christian Education [ RomanRoadsMedia.com - a Classical Christian Approach to Homeschool ])
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To: wagglebee

Here is her letter:

Attorney General Bob Ferguson
1125 Washington St. SE
P.O. Box 40100
Olympia, WA 98504

Re: State of Washington v. Arlene’s Flowers and Barronelle Stutzman

Dear Mr. Ferguson,

Thank you for reaching out and making an offer to settle your case against me.

As you may imagine, it has been mentally and emotionally exhausting to be at the center of this controversy for nearly two years. I never imagined that using my God-given talents and abilities, and doing what I love to do for over three decades, would become illegal. Our state would be a better place if we respected each other’s differences, and our leaders protected the freedom to have those differences. Since 2012, same-sex couples all over the state have been free to act on their beliefs about marriage, 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.

Your offer reveals that you don’t really understand me or what this conflict is all about. It’s about freedom, not money. I certainly don’t relish the idea of losing my business, my home, and everything else that your lawsuit threatens to take from my family, but my freedom to honor God in doing what I do best is more important. Washington’s constitution guarantees us “freedom of conscience in all matters of religious sentiment.” I cannot sell that precious freedom. You are asking me to walk in the way of a well-known betrayer, one who sold something of infinite worth for 30 pieces of silver. That is something I will not do.

I pray that you reconsider your position. I kindly served Rob for nearly a decade and would gladly continue to do so. I truly want the best for my friend. I’ve also employed and served many members of the LGBT community, and I will continue to do so regardless of what happens with this case. You chose to attack my faith and pursue this not simply as a matter of law, but to threaten my very means of working, eating, and having a home. If you are serious about clarifying the law, then I urge you to drop your claims against my home, business, and other assets and pursue the legal claims through the appeal process. Thanks again for writing and I hope you will consider my offer.

Sincerely,

Barronelle Stutzman

Available here: http://www.adfmedia.org/files/ArlenesFlowersSettlementOfferResponse.pdf


22 posted on 02/23/2015 8:02:52 AM PST by ForYourChildren (Christian Education [ RomanRoadsMedia.com - a Classical Christian Approach to Homeschool ])
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To: wagglebee

I cannot say what I wish would happen to this judge.


23 posted on 02/23/2015 8:03:07 AM PST by Marathoner (What are we waiting for? Where are the Articles of Impeachment?)
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To: wagglebee

Lots of good details here:

http://blog.alliancedefendingfreedom.org/2014/05/23/4-things-you-need-to-know-about-barronelle-stutzmans-story/


24 posted on 02/23/2015 8:04:00 AM PST by ForYourChildren (Christian Education [ RomanRoadsMedia.com - a Classical Christian Approach to Homeschool ])
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To: captain_dave

Just find a black caterer in that state and hire them to cater a Klan rally. How will this judge rule on that when they refuse?


25 posted on 02/23/2015 8:07:13 AM PST by Beagle8U (NOTICE : Unattended children will be given Coffee and a Free Puppy.)
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To: Adder

To me there’s a difference between not selling an existing product to somebody because of some moral code vs forcing somebody to enter into a CONTRACT to perform labor.

Doing flowers or baking cakes requires labor and you’ve both agreed what is wanted by contract. These situations should be at the discretion of the person doing the labor. It is not like having an existing flower basket or a cake on display and not selling it to somebody because they’re black/gay/whatever.

This is just secular humanists mocking Christians and enjoying it.


26 posted on 02/23/2015 8:09:22 AM PST by fuzzylogic (welfare state = sharing consequences of poor moral choices among everybody)
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To: yldstrk
So esteemed Judge Alex: it's all about: "religiously-motivated action" hmm? A point of order here, Oh-So-Enlightened Jurist: Ms. Stutzman is neither John Brown, nor has she attempted to raid Harper's Ferry, you pathetic sad-sack of a jamoke who just happens to rock a black robe, you!
27 posted on 02/23/2015 8:09:31 AM PST by Trentamj
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To: wagglebee
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Emphasis is mine.
28 posted on 02/23/2015 8:11:27 AM PST by left that other site (You shall know the Truth, and The Truth Shall Set You Free.)
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To: Blood of Tyrants

“So as long as you leave your beliefs at the church door, you are okay?”

Meanwhile prayer space and foot washing stations are being provided in public building with taxpayer money to accommodate Muslim worship.


29 posted on 02/23/2015 8:12:07 AM PST by Soul of the South (Yesterday is gone. Today will be what we make of it.)
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To: wagglebee

What kind of utterly worthless POS lacking in humanity do you have to be to sue a woman who for a decade provided kind and polite service to you just because she couldn’t support doing one thing for you on the basis of her religious beliefs, which they undoubtedly knew beforehand? They had offers from other florists to provide their flowers for their sodomite union, but no, they had to sue a woman who had provided wonderful customer service to them for over 10 years, because she couldn’t set aside her religious principles to help them “celebrate” their sodomy.

And then they don’t just sue her for a token amount, they set out to destroy her. It’s like they planned it.


30 posted on 02/23/2015 8:13:21 AM PST by mrsmel (One Who Can See)
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To: Beagle8U

I am seriously considering doing something of the kind, no matter how gruesome it would be to my reputation, only I couldn’t bring myself to do it do it to someone with whom I’ve done business long-term. It would be hard to do it to anyone just to make a point, except that coming from a Christian perspective, I’d probably lose anyway.


31 posted on 02/23/2015 8:15:25 AM PST by mrsmel (One Who Can See)
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To: wagglebee

I don’t think the far left understands just how evil this is or how offensive this government demand is to decent people. No response to this judge’s actions would be excessive; this court order is an illegitimate use of government force to deny a woman her God-given rights.


32 posted on 02/23/2015 8:15:55 AM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Beagle8U

I suppose I could do it just to make the point, and not sue for any money.


33 posted on 02/23/2015 8:16:33 AM PST by mrsmel (One Who Can See)
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To: wagglebee

Wait, what? So the judge means "You can believe anything you want, but Congress can force you to act like a heathen?" Really!?! That right there tells me this idiot has no place on the bench.


34 posted on 02/23/2015 8:22:10 AM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: wagglebee
And polygamy. Reynolds v. United States, 98 U.S. 145 (1878).

To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and, in effect, to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances.
In a nutshell, the so-called "freedom of religion" is a phantom, it does not exist where government decides to impose a regulation.

Just like every other "freedom" and "right" in the constitution, each is only as meaningful as the public will put up with.

And the public will put up with all manner of government abuse - see Nazi Germany, all run under the law.

35 posted on 02/23/2015 8:24:34 AM PST by Cboldt
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To: Pollster1
I don’t think the far left understands just how evil this is or how offensive this government demand is to decent people.

Actually, I think they know EXACTLY how evil and offensive it is and that's why they push it.

36 posted on 02/23/2015 8:28:18 AM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: manc
The country was founded on religious freedom, that was the reason why people came here in the first place. Now Libs like liberals and libertarians think it’s wrong and don’t agree but it is a fact.

You are referring to faux "liberals" & faux "libertarians."

Real liberals, and certainly real libertarians, such as the Founding Fathers, are no more likely to support a Compulsion for Uniformity of thought or contractual action, than are Conservatives.

The Constitution did not look to a form of National Socialism, but to a Federation of culturally and theologically different States. The ACLU, despite its name, has been working for almost a century now, to undermine Religious Freedom. See Leftwing Word Games.

The right to do business or not do business with anyone, was once generally accepted among Americans. That right has been under a major attack from the Left, since the 1930s; and because of the smear tactics employed in that attack, most Conservatives, today, walk on egg shells, as it were, rather than directly attack it. Perhaps cases like this, where people are being forced to pretend that they accept an oxymoron that violates some of their most deeply held beliefs, will re-awake something of the spirit of a once far freer people.

William Flax

37 posted on 02/23/2015 8:29:31 AM PST by Ohioan
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To: wagglebee

Serious question; the way this was argued to me was that should the florist
prevail, would that in some way be considered discrimination and if so would it then allow other businesses to discriminate against against other couples they might not `believe` in, such as inter-racial couples? I admit I was unprepared to argue the point.


38 posted on 02/23/2015 8:30:47 AM PST by AllAmericanGirl44
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To: mrsmel

Some guy went into a black dry-cleaning store wearing a Klan outfit and ask them to clean his robes. They had a hidden camera and got it on tape. Pretty funny...

http://www.bing.com/videos/search?q=klan+goes+to+black+cleaners+to+have+his+robes+cleaned.&FORM=VIRE6#view=detail&mid=9B433EC01F70B4BB1EEB9B433EC01F70B4BB1EEB


39 posted on 02/23/2015 8:31:07 AM PST by Beagle8U (NOTICE : Unattended children will be given Coffee and a Free Puppy.)
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To: wagglebee
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Nothing there about "belief", is there judge? "Free exercise" is.

40 posted on 02/23/2015 8:38:22 AM PST by Ray76 (Obama says, "Unlike my mum, Ruth has all the documents needed to prove who Mark's father was.")
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