Supreme Court of the United States · Official docket →
Arlene's Flowers, Inc., dba Arlene's Flowers and Gifts, et al. v. Washington, et al.
Paid petition · Supreme Court of Washington, No. 91615-2 · judgment June 6, 2019
Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner.
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:
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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.
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Whether the Free Exercise Clause’s prohibition on religious hostility applies to the executive branch.
Counsel of record
For petitioner
Kristen Kellie Waggoner
Alliance Defending Freedom
For respondent
Noah Guzzo Purcell
Office of the Attorney General
Proceedings
- Nov 22 2021Petition for Rehearing Dismissed - Rule 46.
- Nov 18 2021Joint stipulation to dismiss pursuant to Rule 46.1 filed.
- Nov 15 2021DISTRIBUTED for Conference of 11/19/2021.
- Nov 08 2021DISTRIBUTED for Conference of 11/12/2021.
- Nov 01 2021DISTRIBUTED for Conference of 11/5/2021.
- Oct 25 2021DISTRIBUTED for Conference of 10/29/2021.
- Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
- Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
- Sep 24 2021Supplemental Authority Letter of Arlene's Flowers, Inc., et al. submitted.
- Sep 08 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 29 2021DISTRIBUTED.
- Jul 27 2021Petition for Rehearing filed.
- Jul 02 2021Petition DENIED. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the petition for a writ of certiorari.
- Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
- Jun 21 2021DISTRIBUTED for Conference of 6/24/2021.
- Jun 21 2021Supplemental brief of respondents State of Washington, et al. filed. (Distributed)
- Jun 21 2021Supplemental brief of respondents Robert Ingersoll and Curt Freed filed. (Distributed)
- Jun 18 2021Supplemental brief of petitioners Arlene's Flowers, Inc., et al. filed. (Distributed)
- Feb 14 2020DISTRIBUTED for Conference of 2/21/2020.
- Jan 21 2020DISTRIBUTED for Conference of 1/24/2020.
- Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
- Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 20 2019Reply of petitioners Arlene's Flowers, Inc., et al. filed. (Distributed)
- Dec 06 2019Brief of respondents State of Washington, et al. in opposition filed.
- Dec 06 2019Brief of respondents Robert Ingersoll and Curt Freed in opposition filed.
- Oct 15 2019Amicus brief of The Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al. not accepted for filing. (October 17, 2019) (Corrected copy submitted)
- Oct 15 2019Brief amici curiae of The Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al. filed. (10/17/2019)
- Oct 15 2019Brief amicus curiae of Center for Constitutional Jurisprudence filed.
- Oct 15 2019Brief amici curiae of The States of Arkansas, Texas, et al. filed.
- Oct 15 2019Brief amicus curiae of Center for Religious Expression filed.
- Oct 15 2019Brief amici curiae of United States Senators and Representatives filed.
- Oct 15 2019Brief amici curiae of First Amendment Scholars filed.
- Oct 14 2019Brief amici curiae of Samaritan's Purse and the Billy Graham Evangelistic Association filed.
- Oct 14 2019Brief amici curiae of The Cato Institute, et al. filed.
- Oct 14 2019Brief amici curiae of Concerned Women for America, et al. filed.
- Oct 11 2019Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2019.
- Oct 11 2019Brief amicus curiae of Foundation for Moral Law filed.
- Oct 07 2019Motion to extend the time to file a response from October 15, 2019 to December 6, 2019, submitted to The Clerk.
- Sep 24 2019Blanket Consent filed by Petitioners, Arlene's Flowers, Inc., et al.
- Sep 11 2019Petition for a writ of certiorari filed. (Response due October 15, 2019)
- Aug 28 2019Application (19A229) granted by Justice Kagan extending the time to file until September 11, 2019.
- Aug 23 2019Application (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.