Supreme Court Justice Amy Coney Barrett with her sponsor
Supreme Court Justice Amy Coney Barrett with her sponsor | via Washington Post

The Supreme Court will not hear an appeal in the case of Arlene’s Flowers v. Washington.

Justice Amy Coney Barrett was among those declining to hear the case.


This is the Barronelle Stutzman case. Stutzman, you will recall, is the moronic florist in Washington State who decided that she could not sell her fucking flowers were they to be displayed at a same-sex wedding despite state nondiscrimination laws.

“It is resolved that Barronelle Stutzman (Arlene’s Flowers and Gifts) violated a constitutionally enforceable state nondiscrimination law.”

Represented by Alliance Defending Freedom, Stutzman lost in state courts and appealed to the United States Supreme Court. SCOTUS, shortly after its ruling in Masterpiece Cakeshop v. Colorado CRC, remanded the case back to the state.

The state was to reconsider the case in light of Masterpiece Cakeshop. Essentially that meant assuring that the state courts reached a determination free of religious animosity.

Once again, the Washington Supreme Court ruled in favor of the state. Alliance Defending Freedom appealed again. The Supreme Court’s denial of certiorari means that the state court ruling will stand. It is resolved that Barronelle Stutzman (Arlene’s Flowers and Gifts) violated a constitutionally enforceable state nondiscrimination law.

This sheds further light on the decision in Masterpiece Cakeshop as a narrow ruling not designed as a license to discriminate. In essence the Court upholds the precedent established in Employment Division v. Smith. In that case, writing for the majority, Justice Scalia ruled that there are no religious exemptions to otherwise applicable law.

Furthermore, Brian S. Brown (National Organization for Marriage) is going to be greatly displeased. His wet dream was that Barrett would tilt the Court to overturn Obergefell.

I will update this post if ADF (an anti-LGBTQ hate group) sends out a boo-hoo.

By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.