Kaplan Hecker & Fink has filed an amicus brief in the Washington State Supreme Court in Washington v. Arlene’s Flowers (Wash. No. 91615-2). The brief was filed on behalf of a group of leading church-state scholars.
In 2017, the Washington State Supreme Court held that Baronelle Stutzman’s First Amendment rights were not violated by state public accommodations laws that required her to provide wedding flowers to a same-sex couple. The case is now before the Washington State Supreme Court for a second time on remand from the U.S. Supreme Court in light of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S. Ct. 1719 (2018). Our amicus brief explains that Stutzman was afforded the “neutral and respectful consideration” of her religious objections required by Masterpiece, and thus, that Masterpiece does not require reversal.Read the full brief here.