Florists Lose on Free Expression: New at Reason

Florists may see themselves as artists, but the state of Washington does not see bouquets as a form of expression.

Scott Shackford writes in the latest issue of Reason:

Sorry, florists: You may see yourselves as artists, but the state of Washington does not see bouquets as a form of expression. What’s more: Regardless of how you feel about same-sex marriages, you must provide your services to gay couples or face punishment.

A unanimous Washington State Supreme Court in February held that a florist, Baronnelle Stutzman, violated the state’s public accommodation anti-discrimination laws when she declined to create floral arrangements for a same-sex couple planning a wedding.

The florist, owner of Arlene’s Flowers, said she was not discriminating against gay people, which is forbidden under state law. Rather, she argued, she had religious objections to recognizing same-sex marriages. By forcing her to provide her services for one such celebration, she felt she was being compelled to use her artistry to endorse an act—a wedding-that she fundamentally disagreed with, violating her First Amendment rights.

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