August 22, 2017

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

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.