Florists lose on free expression.

• Author: Shackford, Scott
• Position: LAW - Baronnelle Stutzman

SORRY, FLORISTS: YOU may see yourselves as artists, but the state of Washington does not see bouquets as a form of expression. What's more: Regardless of how you feel about same-sex marriages, you must provide your services to gay couples or face punishment.

A unanimous Washington State Supreme Court in February held that a florist, Baronnelle Stutzman, violated the state's public accommodation antidiscrimination laws when she declined to create floral arrangements for a same-sex couple planning a wedding.

The florist, owner of Arlene's Flowers, said she was not discriminating against gay people, which is forbidden under state law. Rather, she argued, she had religious objections to recognizing same-sex marriages. By forcing her to provide her services for one such celebration, she felt she was being compelled to use her artistry to endorse an act--a wedding--that she fundamentally disagreed with, violating her First Amendment rights.

Forcing Stutzman to produce her crafts on demand doesn't just violate her conscience. It's arguably unnecessary, as there are plenty of other florists who are willing to apply their skills on behalf of gay couples.

But Washington's highest court dismissed all of Stutzman's arguments. It was not interested in making a distinction between rejecting gay customers and rejecting gay marriage, saying that would be like differentiating between discrimination against women who are pregnant and discrimination on the basis...