Washington court rules against florist in gay wedding case

Jim you are still making this a theological issue. The problem is not one of making a biblical argument against gay marriage. The problem is that this was/is against the woman’s conscience and the government trampled on her right to abide by her own conscience. It really doesn’t matter if you agree with her or not. That’s not the issue.
I am not a pastor but if I were posed the hypothetical question that you created I would review what God’s word says about homosexuality with the person and then tell them to pray about it.
I have a friend who is an adoption attorney. Should he be forced by our government to perform gay adoptions? Why or why not? If your answer is, “he should find a new career” how is that just? I believe you were a banker. Should a bank be punished for not lending to Planned Parenhood, a strip club, a homosexual art gallery? Don’t you see how absurd your position is if taken to its logical end?

If someone is just buying flowers at a store and doing the decorating themselves, then, yeah, it’s just selling flowers. I’d have a hard time writing “Congratulations Jim and Jim” on a cake, though. You are saying something by doing that.

But to your original question, two posts back, I still wouldn’t counsel someone to go against their conscience. Might talk through the situation, because we also have a conscientious duty to obey the law as well. But in the end, we obey God rather than man.

Maranatha!
Don Johnson
Jer 33.3

[josh p]

Jim you are still making this a theological issue. The problem is not one of making a biblical argument against gay marriage. The problem is that this was/is against the woman’s conscience and the government trampled on her right to abide by her own conscience. It really doesn’t matter if you agree with her or not. That’s not the issue.
I am not a pastor but if I were posed the hypothetical question that you created I would review what God’s word says about homosexuality with the person and then tell them to pray about it.
I have a friend who is an adoption attorney. Should he be forced by our government to perform gay adoptions? Why or why not? If your answer is, “he should find a new career” how is that just? I believe you were a banker. Should a bank be punished for not lending to Planned Parenhood, a strip club, a homosexual art gallery? Don’t you see how absurd your position is if taken to its logical end?

I’m sure this won’t completely answer your comments / questions but here goes:

  • There is no doubt in my mind that homosexual perversion is sin! I hope all are clear on this! 1 Corinthians 6:9 and 1 Timothy 1:10
  • On “the conscience”: it must be trained by the Scriptures (I commented on this above)
  • On “obeying God rather than man” Acts 5:29 / when it comes to evangelism this is clear
  • The adoption attorney: Don’t have an answer for that one. Punt for now. Not completely equivalent but I have a close Christian friend as a committed Christian is opposed to divorce but his practice includes this service.
  • On banking: I wasn’t in that end of the business so I can’t answer that:
    • I know that banks don’t want to lend to marijuana businesses Link
    • A close family member is in the wealth advisory business and he is prohibited by hsi firm from advising clients in the marijuana business
    • My guess is that strip clubs, or a homosexual art gallery can get bank loans through normal means

[Mark_Smith]

I know most of you are too sanctified to ever watch TV, but some of us are worldly. Back in the 90s there was a TV show called Star Trek: DS9. IMHO it was the greatest of the real Star Trek.

The main antagonist is a Cardassian alien named Gul Dukat. At one point, talking of defeating your enemies, he says the point is not just to defeat them, but “to get them to admit that they were wrong to oppose you in the first place.” That is where the same-sex crowd is headed on this issue.

I cannot let this post pass in silence. There are some opinions that are so wrong that a response is required.

The greatest Star Trek series was TNG. ;)

-------
Greg Long, Ed.D. (SBTS)

Pastor of Adult Ministries
Grace Church, Des Moines, IA

Adjunct Instructor
School of Divinity
Liberty University

Jim thanks for the responses. Just to clarify, I fully understand that you have a biblical position on homosexuality.

You would answer this - “Am I violating the will / command of God to sell my services to gay couple?”

How?

I would tell them there is no easy answer but they need to settle in their own conscience what their role is. I would tell them that godly Christians differ and not one of those others can salve their conscience.

[Larry]

You would answer this - “Am I violating the will / command of God to sell my services to gay couple?”

How?

I would tell them there is no easy answer but they need to settle in their own conscience what their role is. I would tell them that godly Christians differ and not one of those others can salve their conscience.

My answer (as a retired pastor):

  • Obey the law
  • Obey the Lord
  • If you cannot do both you are in the wrong business

Also see: If I were a florist

Other if’s:

  • Baker = same as florist
  • Photographer = wouldn’t be in the wedding ceremony business
  • Landlord: wouldn’t be a landlord (but I could (I don’t) own shares in an apartment complex REIT) / I have a family member with ESS in his portfolio

  • My answer (as a retired pastor):
  • Obey the law

The only caveat I would add is that under the law, we have a full right of appeal. I don’t view this as a matter that warrants civil disobedience. And going to jail for it would likely be impossible and unwise. But a person is fully entitled to pursue the full legal course to protect their conscience and their business. Having run that course, should the courts rule against, I think you have no choice but to get out of the wedding business or do them all.

[Larry]
  • My answer (as a retired pastor):
  • Obey the law

The only caveat I would add is that under the law, we have a full right of appeal. I don’t view this as a matter that warrants civil disobedience. And going to jail for it would likely be impossible and unwise. But a person is fully entitled to pursue the full legal course to protect their conscience and their business. Having run that course, should the courts rule against, I think you have no choice but to get out of the wedding business or do them all.

Agreed

Thanks

Jim accurately defended my point. Some here would argue that of course we can tell the difference between gay couples that are getting married and non-gay couples. My entire point is that the homosexual counter-argument to that is simple - you can discriminate against gay couples because their genders are obvious, but you are already a hypocrite and discriminating because you cannot refuse (or even recognize) when you sell flowers to heterosexual fornicators or adulterers.

Once they can say that, on the basis of law, the court should rightly agree that Christians are unfairly discriminating.

Don’s reference to Romans 14 is accurate - if you can’t, with a clean conscience and as an easy decision, participate in selling flowers (or whatever) because you may be a party to their sins, then you have your answer and should back out of the business. Thanks, Don, for bringing that passage of Scripture into the discussion!

Here’s a newsflash for Christians - the courts don’t care about theological matters. They care about legal matters. If someone can argue that they are treated any differently on the basis of sexual orientation in a court of law, they win the legal argument. It’s that simple, and I’m really surprised that so many are having a hard time understanding this.

America is not a Christian nation anymore. To act like it is, or to waste time ‘Making America Christian Again’ is utter folly. God is our King, not the President or the Supreme Court. The world has changed, and we need to adapt to that fact, not get bogged down in defending a political state that has no power over souls. God didn’t put us in America to make the country a theocratic state.

And as for this:

I cannot let this post pass in silence. There are some opinions that are so wrong that a response is required.

The greatest Star Trek series was TNG. [Wink]

I completely agree with. :)

"Our task today is to tell people — who no longer know what sin is...no longer see themselves as sinners, and no longer have room for these categories — that Christ died for sins of which they do not think they’re guilty." - David Wells

What about them? They are all actual marriages, right or wrong. A gay marriage is not an actual marriage

No, Larry, the courts would recognize a second marriage (I mean something outside of Matthew 19 / 1 Cor. 7) as a valid marriage as well. The florist with Christian convictions should refuse to do those as well, and that doesn’t even deal with cohabiting couples that are unmarried, heterosexual domestic partnerships, or just plain old dating relationships with sexual activity.

The courts don’t care about the Scriptural basis of marriages, nor should they. A marriage is a legal contract as well as a theological concept. The courts should only care about the legal side of things and get out of the theology business. Would you want a court deciding that Islamic theology is ‘more correct’ than Christian theology, and ruling accordingly?

If Christians were as hard on heterosexual sin as we can be on homosexual sin, most of this issue would be much clearer and easier to deal with.

"Our task today is to tell people — who no longer know what sin is...no longer see themselves as sinners, and no longer have room for these categories — that Christ died for sins of which they do not think they’re guilty." - David Wells

My entire point is that the homosexual counter-argument to that is simple - you can discriminate against gay couples because their genders are obvious, but you are already a hypocrite and discriminating because you cannot refuse (or even recognize) when you sell flowers to heterosexual fornicators or adulterers.

That’s not necessarily hypocrisy because you don’t know the status of everyone buying flowers. But most florists probably do not view a purchase of flowers for something like that on the same level as a whole wedding set up which is most more extensive. But again, conscience, Jay. It’s theirs; not yours. They should have freedom of conscience. If they don’t want the business from that couple, they should be allowed to decline it. They are the only ones who suffer.

No, Larry, the courts would recognize a second marriage (I mean something outside of Matthew 19 / 1 Cor. 7) as a valid marriage as well.

What do you mean, “No” Most Christians would recognize a second marriage. That was my point. A second marriage is a valid marriage. A homosexual marriage is not. It’s not the same question.

The florist with Christian convictions should refuse to do those as well, and that doesn’t even deal with cohabiting couples that are unmarried, heterosexual domestic partnerships, or just plain old dating relationships with sexual activity.

Who died and left you in charge of telling Christians what their convictions should be? Why must a Christian florist (or any other kind of Christian) be required to share your conscience and your convictions?

And that’s to say nothing of Muslims, Jews, Christian science practitioners, atheists, etc. all of whom should have the same rights as the florist to do business with whom they wish and succeed or fail based on their choices. Who is going to tell them what their conscience should be?

You seem to think this is about Christianity. It isn’t. It is about religious liberty under the constitution.

The courts don’t care about the Scriptural basis of marriages, nor should they.

This has been my point from the beginning (including the KY clerk case). The law requires religious liberty and freedom of conscience. The court has no business coercing religious beliefs or consciences. It has nothing to do with theology and everything to do with civics in our country. I am not saying courts should rule on Christian theology. They should not. They should rule on the constitution that prohibits restrictions on the free exercise of religion. For the life of me I can’t understand why that is either confusing or debatable.

The law in Washington (and other places) restricts the free exercise of religion and religious beliefs in exchange for a career. As I pointed out, in most cases (Washington included) creed or religion is a protected class. Which makes this a legal absurdity in some ways. The court seems to be requiring of her what she apparently cannot even do to an employee of hers, namely, choose between her religious convictions and her job.

The kernel of our differences can be summed up here:

This has been my point from the beginning (including the KY clerk case). The law requires religious liberty and freedom of conscience. The court has no business coercing religious beliefs or consciences. It has nothing to do with theology and everything to do with civics in our country. I am not saying courts should rule on Christian theology. They should not. They should rule on the constitution that prohibits restrictions on the free exercise of religion.

First off, the court isn’t ruling in accordance with the constitution - it’s ruling in accordance with Washington State law. The Supreme Court is the only one that can finally decide the merits of a claim on state law vs. Constitutional law. Frankly, I’m not real optimistic on the Supreme Court either, after Obergefell and several other cases over the last three or four years.

Secondly, yes, those are the laws right now. I’m talking about where the nation is headed, and it’s headed towards an override/repeal of the kinds of laws (like DOMA) as being ‘discriminatory’. If you aren’t seeing this, you aren’t paying attention. I’m looking at ‘Mene, Mene, Tekel’ writing on the wall and trying to preempt Christians from fighting battles that are doomed to failure and warn those who have no idea just how far out of step they are with society. To put it a different way, Christians are trying to defend Prohibition again. It’s not going to win and shouldn’t be a battle we’re fighting.

We all know that homosexuality is a sin, just as heterosexual sins are. There are massive battles to fight ahead for religious liberty. This particular battle is not worth fighting. In a perfect world, anyone should be allowed to pick and choose their clientele, but that’s not the world we live in. We cannot be consistent on this unless you want to stop participating in all ungodly marriages, incl. homosexual ones. That’s my point.

"Our task today is to tell people — who no longer know what sin is...no longer see themselves as sinners, and no longer have room for these categories — that Christ died for sins of which they do not think they’re guilty." - David Wells

First off, the court isn’t ruling in accordance with the constitution - it’s ruling in accordance with Washington State law.

This is a problem because state laws cannot override the Constitution at this point in our history. That was the whole basis of Obergfell (in spite of the ruling two years earlier that marriage was a state issue). State laws banning marriage were superceded by constitutional claims.

I am not optimistic on SCOTUS either because they declined to hear the photog case as I recall (or the baker). I imagine eventually they will pick on of them. But who knows what will happen.

There are massive battles to fight ahead for religious liberty. This particular battle is not worth fighting.

If not this, then what battle is worth fighting? This is the farm, or at least most of it. And once you give it away, it’s not coming back. The right to believe and practice according to the dictates of conscience is the bedrock of religious freedom in our country. It is, at least in part, why this country was founded. Once it is given up, there is no longer a line. Again, I think claims of Christian persecution are way overblown. But this seems the real deal. If a Christian is forbidden to live by their conscience in the workplace, what is left?

We cannot be consistent on this unless you want to stop participating in all ungodly marriages, incl. homosexual ones. That’s my point.

I understand your point, but I think it’s wrong for a very simple reason: This is not about participating in a marriage or not. In fact, it’s not even about marriage. It is about freedom of conscience that is guaranteed by the Constitution for all citizens. A citizen of the US should be free to live by their conscience.

What would you say is worth fighting over? I wonder if you have anything you would say is worth fighting over.

http://aclu-co.org/colorado-supreme-court-refuses-hear-case-bakery-turn…

I don’t believe it ever went to SCOTUS

​– Update –

More http://www.denverpost.com/2016/07/22/colorado-baker-gay-wedding-cake-su…

July 2016

Masterpiece Cakeshop owner Jack Phillips is now asking the U.S. Supreme Court to hear his case after a lower court ruled he was wrong in refusing to make a wedding cake for a same-sex couple by citing his religious beliefs.

His attorneys filed the petition Friday.

“No one — not Jack or anyone else — should be forced by the government to further a message that they cannot in good conscience promote,” said attorney Jeremy Tedesco in a statement released by the non-profit legal organization Alliance Defending Freedom. “And that’s what this case is about.” …

Tedesco said Friday afternoon that many similar cases are circulating the lower courts throughout the country.

Tedesco said the only similar case that the U.S. Supreme Court has been asked to hear is one about a photographer in New Mexico who refused to photograph a gay couple. The court did not take up that case, but Tedesco said that wasn’t a surprise.

“Our view is it’s only a matter of time before the Supreme Court takes one of these cases,” Tedesco said. “It’s a really crucial issue of First Amendment law.”

https://www.washingtonpost.com/politics/supreme-court-wont-review-new-m…

Supreme Court declines case of photographer who denied service to gay couple

The Supreme Court declined on Monday to consider whether a New Mexico photographer had a right to refuse service to a same-sex couple who wanted her to record their commitment ceremony.

Without comment, the court said it would not review a decision by the New Mexico Supreme Court that the denial of service violated the state’s public accommodations law, which bans discrimination by those offering their services to the public.

In their petition, the Huguenins and lawyer Jordan W. Lorence of the Alliance Defending Freedom mentioned religion frequently. But their plea did not cite constitutional protection of their right to freely exercise their religion. Instead, they relied on another part of the First Amendment: their right to free speech.

Elaine Huguenin’s work is artistic expression, the petition said, and she cannot be forced to “communicate messages antithethical to her religious beliefs . . . through government coercion.”

Tobias B. Wolff, a University of Pennsylvania law professor representing Willock, pointed out in his brief that the Huguenins acknowledged that courts were not split on the questions they raised, normally a prerequisite for Supreme Court action. He said the issue was a simple one: “Whatever service you provide, you must not discriminate against customers when you engage in public commerce.”

At the time of Willock’s attempt to hire Huguenin, same-sex marriage was not available in New Mexico. The state is now one of 17 where it is legal.

Since the Supreme Court’s ruling in U.S. v. Windsor , striking down a part of the Defense of Marriage Act that defined marriage as a union between only a man and a woman, federal judges across the country have ruled against similar bans at the state level.

As a result, some states have proposed or enacted legislation aimed at protecting those who do not want to offer their marriage services to same-sex couples because they say it would violate their religious beliefs. The controversy came to a head in Arizona, where Gov. Jan Brewer (R) vetoed legislation that the state’s business community and others said was seen as a license to discriminate.

The case at the Supreme Court was Elane Photography v. Willock.