No. 19-333

Arlene's Flowers, Inc., dba Arlene's Flowers and Gifts, et al. v. Washington, et al.

Lower Court: Washington
Docketed: 2019-09-12
Status: Rehearing
Type: Paid
Amici (10)Relisted (13) Experienced Counsel
Tags: civil-rights compelled-speech content-based first-amendment free-exercise free-speech public-accommodation religious-freedom religious-hostility same-sex-marriage state-action strict-scrutiny
Key Terms:
FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2021-11-19 (distributed 13 times)
Question Presented (AI Summary)

Whether the State violates a floral designer's First Amendment rights to free exercise and free speech by forcing her to take part in and create custom floral art celebrating same-sex weddings or by acting based on hostility toward her religious beliefs

Question Presented (OCR Extract)

QUESTIONS PRESENTED Barronelle Stutzman is a Christian artist who imagines, designs, and creates floral art. She serves everyone and sells pre-arranged flowers for use in any event. But she cannot take part in or create custom art that celebrates sacred ceremonies that violate her faith. After serving Robert Ingersoll, a gay client, for nearly ten years, Barronelle politely referred him to three other florists when he asked her to create floral art celebrating his same-sex wedding. That resulted in Washington’s unprecedented attack on Barronelle in both her personal and professional capacities, and a ruling that she discriminated against Robert because of his sexual orientation. The ruling threatens to bankrupt her. After this Court vacated and remanded in light of Masterpiece Cakeshop, the Washington Supreme Court doubled-down, reissuing most of its prior decision word for word and cabining Masterpiece to prohibit religious hostility only by adjudicators—not executive-branch officials like the State’s Attorney General. In so doing, the court decided the following important federal questions in conflict with decisions of this Court and multiple Courts of Appeals: 1. Whether the State violates a floral designer’s First Amendment rights to free exercise and free speech by forcing her to take part in and create custom floral art celebrating same-sex weddings or by acting based on hostility toward her religious beliefs. 2. Whether the Free Exercise Clause’s prohibition on religious hostility applies to the executive branch.

Docket Entries

2021-11-22
Petition for Rehearing Dismissed - Rule 46.
2021-11-18
Joint stipulation to dismiss pursuant to Rule 46.1 filed.
2021-11-15
DISTRIBUTED for Conference of 11/19/2021.
2021-11-08
DISTRIBUTED for Conference of 11/12/2021.
2021-11-01
DISTRIBUTED for Conference of 11/5/2021.
2021-10-25
DISTRIBUTED for Conference of 10/29/2021.
2021-10-12
DISTRIBUTED for Conference of 10/15/2021.
2021-10-04
DISTRIBUTED for Conference of 10/8/2021.
2021-09-24
Supplemental Authority Letter of Arlene's Flowers, Inc., et al. submitted.
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-29
DISTRIBUTED.
2021-07-27
2021-07-02
Petition DENIED. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the petition for a writ of certiorari.
2021-07-01
DISTRIBUTED for Conference of 7/1/2021.
2021-06-21
Supplemental brief of respondents Robert Ingersoll and Curt Freed filed. (Distributed)
2021-06-21
Supplemental brief of respondents State of Washington, et al. filed. (Distributed)
2021-06-21
DISTRIBUTED for Conference of 6/24/2021.
2021-06-18
Supplemental brief of petitioners Arlene's Flowers, Inc., et al. filed. (Distributed)
2020-02-14
DISTRIBUTED for Conference of 2/21/2020.
2020-01-21
DISTRIBUTED for Conference of 1/24/2020.
2020-01-13
DISTRIBUTED for Conference of 1/17/2020.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-20
Reply of petitioners Arlene's Flowers, Inc., et al. filed. (Distributed)
2019-12-06
Brief of respondents Robert Ingersoll and Curt Freed in opposition filed.
2019-12-06
Brief of respondents State of Washington, et al. in opposition filed.
2019-10-15
Brief amici curiae of The Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al. filed. (10/17/2019)
2019-10-15
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2019-10-15
Brief amici curiae of The States of Arkansas, Texas, et al. filed.
2019-10-15
Brief amicus curiae of Center for Religious Expression filed.
2019-10-15
Brief amici curiae of United States Senators and Representatives filed.
2019-10-15
Brief amici curiae of First Amendment Scholars filed.
2019-10-14
Brief amici curiae of Concerned Women for America, et al. filed.
2019-10-14
Brief amici curiae of The Cato Institute, et al. filed.
2019-10-14
Brief amici curiae of Samaritan's Purse and the Billy Graham Evangelistic Association filed.
2019-10-11
Brief amicus curiae of Foundation for Moral Law filed.
2019-10-11
Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2019.
2019-10-07
Motion to extend the time to file a response from October 15, 2019 to December 6, 2019, submitted to The Clerk.
2019-09-24
Blanket Consent filed by Petitioners, Arlene's Flowers, Inc., et al.
2019-09-11
Petition for a writ of certiorari filed. (Response due October 15, 2019)
2019-08-28
Application (19A229) granted by Justice Kagan extending the time to file until September 11, 2019.
2019-08-23
Application (19A229) to extend the time to file a petition for a writ of certiorari from September 4, 2019 to September 11, 2019, submitted to Justice Kagan.

Attorneys

Arlene's Flowers, Inc., et al.
Kristen Kellie WaggonerAlliance Defending Freedom, Petitioner
Center for Constitutional Jurisprudence
Anthony Thomas CasoCenter for Constitutional Jurisprudence, Amicus
Center for Religious Expression
Nathan W. KellumCenter for Religious Expression, Amicus
Concerned Women for America, et al.
Frederick W. Claybrook Jr.Claybrook, LLC, Amicus
First Amendment Scholars
Randall L. WengerIndependence Law Center, Amicus
Foundation for Moral Law
Matthew James ClarkFoundation for Moral Law, Amicus
Robert Ingersoll and Curt Freed
Ria Tabacco MarACLU, Respondent
Samaritan's Purse and the Billy Graham Evangelistic Association
John Guyton Knepper Jr.Law Office of John G. Knepper, LLC, Amicus
State of Washington, et al.
Noah Guzzo PurcellOffice of the Attorney General, Respondent
The Cato Institute
Ilya ShapiroCato Institute, Amicus
The Ethics and Religious Liberty Commission of the Southern Baptist Convention, The Islam and Religious Freedom Action Team of the Religious Freedom Institute, and The Jewish Coalition for Religious Liberty
David H. ThompsonCooper & Kirk, PLLC, Amicus
The States of Arkansas, Texas, et al.
Nicholas Jacob BronniArkansas Solicitor General, Amicus
UNITED STATES SENATORS AND REPRESENTATIVES
John Michael ConnollyConsovoy McCarthy PLLC, Amicus