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Florist Who Discriminated Against Same-Sex Couple Loses Yet Again, This Time in Washington State Supreme Court

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Claims of Right to Discriminate Based on Her Religious Beliefs Again Rejected

Barronelle Stutzman has lost once again, this time in the Washington State Supreme Court. In 2013, the owner of Arlene’s Flowers refused to sell flowers for a long-time customer’s wedding, citing her religious beliefs. In doing so, she violated the state’s nondiscrimination ordinance, and was sued by Robert Ingersoll and Curt Freed. 

As Zack Ford at ThinkProgress reports, Stutzman has lost various cases on various arguments, including the claim that she did not discriminate against Ingersoll and Freed because of their sexual orientation, and that she did not discriminate because flower arranging is artistic expression protected by the First Amendment. 

“Stutzman herself had admitted that providing flowers to a wedding between Muslims would not constitute an endorsement for Islam, nor would flowers for an atheist wedding have endorsed atheism,” Ford writes.

Stutzman, who is in her early 70’s, has been offered several opportunities to settle the case, but her attorneys, the Alliance Defending Freedom (ADF), pursued appeal after appeal. They mounted a media (and fundraising) campaign and claimed she “stands to lose her business, her home, and her personal savings,” if she were to lose her case.

In reality, prosecutors at one point offered to settle the case for $1000 and a promise to not discriminate again, but she refused. Another settlement offer along the way for $2001 was also refused by Stutzman.

The couple’s attorneys, the ACLU, also offered an easy settlement. $5000 to a local LGBT nonprofit and, again, a promise to stop discriminating. Stutzman refused.

There have been three or four suits and appeals. Stutzman has now lost each time. 

Along the way, a GoFundMe campaign raised about $174,000 for either Stutzman or her attorneys.

In related news, it’s also been a bad week for the Alliance Defending Freedom. The Southern Poverty Law Center this week designated the Christian law firm an anti-gay hate group.

Here’s the court’s conclusion:

The State of Washington bars discrimination in public accommodations on the basis of sexual orientation. Discrimination based on same-sex marriage constitutes discrimination on the basis of sexual orientation. We therefore hold that the conduct for which Stutzman was cited and fined in this case-refusing her commercially marketed wedding floral services to Ingersoll and Freed because theirs would be a same-sex wedding-constitutes sexual orientation discrimination under the WLAD. We also hold that the WLAD may be enforced against Stutzman because it does not infringe any constitutional protection. As applied in this case, the WLAD does not compel speech or association. And assuming that it substantially burdens Stutzman’s religious free exercise, the WLAD does not violate her right to religious free exercise under either the First Amendment or article I, section 11 because it is a neutral, generally applicable law that serves our state government’s compelling interest in eradicating discrimination in public accommodations. We affirm the trial court’s rulings.

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Image of Barronelle Stutzman screenshot via YouTube 

 

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‘Start the Kevin McCarthy Death-Clock’ After Biden Wins Debt Ceiling Battle: Rick Wilson

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Appearing late Saturday night on MSNBC after it was announced that President Joe Biden and House Speaker Kevin McCarthy (R-CA) had reached an agreement “in principle’ on a budget deal, former GOP strategist Rick Wilson claimed this could be the beginning of the end for McCathy’s speakership.

Sitting in on a panel with guest host Michael Steele, Wilson suggested that McCarthy’s decision to compromise with the president to avoid a default that would spin the economy into chaos will not go over well with far-right members of his House caucus who could make a motion to “vacate the chair” to express their displeasure.

Asked by host Steel about what comes next, Wilson stated it was a win for the White House which will not make conservatives happy.

RELATED: ‘Crazy cuckoo MAGA people’ could sink debt ceiling deal: Dem strategist

“Great night for Joe Biden, great night for the White House even though I think their messaging has been kind of tentative the past few weeks” the Lincoln Project founder began. “I think though we are now going to start the Kevin McCarthy death-clock. He has certainly got a very angry part of his caucus tonight who probably burning up his phone no matter how good it is for the country not to default.”

“It’s not going to please the chaos caucus in the GOP,” he added.

Watch below or at the link:

 

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Debt Ceiling: McCarthy Faces ‘Lingering Anger’ and a Possible Revolt as Far-Right House Members Start Issuing Threats

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As House Speaker Kevin McCarthy (R-CA) continues to negotiate a deal to avoid a debt crisis, members of the far-right Freedom Caucus are growing furious with him over broken promises he made to them.

According to MSNBC political analyst Steve Benen, with a slim GOP majority in the House, McCarthy is walking a tightrope to get a budget deal passed and may need help from House Democrats if members of his caucus refuse to go along with him.

As Benen points out, in order to win the speakership McCarthy agreed to an easier path for a motion to “vacate the chair” which could end his tenure as Speaker. That could come into play if the Freedom Caucus stages a revolt.

“… as the negotiations approach an apparent finish line, the House Republicans’ most radical faction is learning that it isn’t likely to get everything its members demanded — and for the Freedom Caucus, that’s not going to work,” he wrote in his MSNBC column.

ALSO IN THE NEWS: Trump in danger of heightened espionage charges after bombshell report: legal expert

Citing a Washington Times report that stated, “[Freedom Caucus members] want everything from the debt limit bill passed by the House last month plus several new concessions from the White House,” Benen suggested far-right House Republicans are now issuing veiled threats.

In an interview, Rep. Chip Roy (R-TX) stated, “I am going to have to go have some blunt conversations with my colleagues and the leadership team. I don’t like the direction they are headed.”

With Politico reporting, “The [House Freedom Caucus] was already unlikely to support a final bipartisan deal, but lingering anger with Kevin McCarthy could have lasting implications on his speakership,” Benen added, “If this is simply a matter of lingering ill-will from members who come to believe that GOP leaders ‘caved,’ the practical consequences might be limited. But let’s also not forget that McCarthy, while begging his own members for their support during his protracted fight for the speaker’s gavel, agreed to tweak the motion-to-vacate-the-chair rules, which at least in theory, would make it easier for angry House Republicans to try to oust McCarthy from his leadership position.”

Adding the caveat that he is not predicting an imminent McCarthy ouster he added, “But if the scope of the Freedom Caucus’ discontent reaches a fever pitch, a hypothetical deal clears thanks to significant Democratic support, don’t be surprised if we all start hearing the phrase ‘vacate the chair” a lot more frequently.”

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BREAKING NEWS

Prosecutors Tell Trump They Have a Recording of Him and a Witness: Report

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Prosecutors in Donald Trump’s Manhattan criminal trial have notified the ex-president’s attorneys they have a recording of him and a witness. The notification comes in the form of an automatic discovery form, CBS News reports, which “describes the nature of the charges against a defendant and a broad overview of the evidence that prosecutors will present at Trump’s preliminary hearing or at trial.”

CBS reports prosecutors have handed the recording over to Trump’s legal team.

It’s not known who the witness is, nor are any details known publicly about what the conversation entails, or even if it is just audio or if it includes video.

READ MORE: ‘Likely to Be Indicted Soon’: Trump Might Face Seven Different Felonies, Government Watchdog Says

According to the article’s author, CBS News’ Graham Kates, via Twitter, prosecutors say they also have recordings between two witnesses, a recording between a witness and a third party, and various recordings saved on a witness’s cell phones.

Trump is facing 34 felony counts in Manhattan District Attorney Alvin Bragg’s case related to his allegedly unlawful attempt to hide hush money payoffs to a well-known porn star by falsifying business records to protect his 2016 presidential campaign.

See the discovery form above or at this link.

Image via Shutterstock

 

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