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State of Texas
Texas Attorney General's Office
News Release
Monday, August 21, 2017

AG Paxton Leads 14-State Coalition in Amicus Brief
Defending the First Amendment Rights of Arlene’s Flowers

AUSTIN – Texas Attorney General Ken Paxton today led a 14-state coalition in filing an amicus brief with the U.S. Supreme Court defending the First Amendment rights of Washington floral design artist Barronelle Stutzman. The Washington State Supreme Court ruled that Stutzman must provide a custom floral arrangement for a same-sex wedding, even though it violated Stutzman’s deeply-held religious belief that marriage is between a man and a woman.

The Washington State Supreme Court maintained that flower arrangements are not speech and that it did not matter Stutzman referred a longtime customer to other florists. Stuzman served the couple who brought the original lawsuit for years, and had no objection to the purchase of pre-made arrangements for a wedding, but she objected to creating a custom arrangement for a ceremony that contravened her religious beliefs. The 72-year-old grandmother, who is defending against legal action from the state of Washington and the American Civil Liberties Union, now faces fines and legal fees estimated at $2 million, which could put her out of business.

“Compelling individuals to accommodate or affirm actions contrary to their sincerely-held beliefs is un-American and unconstitutional,” Attorney General Paxton said. “The right to free speech and the free exercise of religion applies to one’s business, just as it does at home or a place of worship. The government may not force individuals to affirmatively work against their deeply-held religious beliefs. I have full faith that the U.S. Supreme Court will uphold Barronelle Stutzman’s First Amendment rights.”

Last year, Attorney General Paxton joined a 13-state coalition in filing an amicus brief with the Washington State Supreme Court in support of Arlene’s Flowers. Texas is joined in the Supreme Court amicus brief by the attorneys general from Arkansas, Alabama, Arizona, Idaho, Louisiana, Nebraska, Nevada, Oklahoma, South Carolina, West Virginia, and Wisconsin, along with Governor Matthew Bevin of Kentucky and Maine Governor Paul LePage.

View the U.S. Supreme Court amicus brief here: http://bit.ly/2wrH1XG




Remembering Jim Guidry


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