Schaerr | Duncan files brief on behalf of U.S. Senators and Representatives in Arlene's Flowers case

Posted by Gene Schaerr | Aug 22, 2017 | 0 Comments

Yesterday a group of members of Congress, represented by Schaerr | Duncan, filed a brief in support of certiorari in the case of Arlene's Flowers v. Washington.  The petitioner, Barronelle Stutzman, was coerced by both a Washington nondiscrimination law and lower courts into servicing and attending same-sex weddings-- a violation of her religious conscience-- merely because she did the same for opposite-sex weddings.  But, as the brief explained, such coercion  violates both national tradition dating to the founding and case law under the Free Exercise and Free Speech Clauses absent a compelling governmental interest.  The Supreme Court will consider these concerns about coercion as it considers whether to hear this case alongside a similar case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, this coming Term.

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Gene Schaerr

Gene Schaerr specializes in civil appeals, writ proceedings and similar matters.


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