Florida Family Policy Council joined other leading organizations across the country to file an amicus curiae, or “friend of the court”, brief in the Masterpiece Cakeshop v Colorado Civil Rights Commission case.  The Supreme Court agreed to review the case on June 26^th and oral arguments are expected to be heard this fall.   The case is one of many involving artists who have declined to use their artistic talents to participate in same-sex weddings on the basis of their religious beliefs.  While other cases involving photographers, florists, and the like have been working their way through the courts, this is the first time the Supreme Court has agreed to hear arguments in this type of case; namely, where a law creating a new protected class for sexual orientation and gender identity has been passed and an artist has declined to provide their services for a same-sex wedding. In Florida, this type of law is called the “Competitive Workforce Act” and while those in the LGBT movement have attempted to pass it for many years, they have failed thus far.

In the case of Jack Phillips, two men came into Jack’s bakery in 2012 requesting a custom-designed wedding cake for their same-sex ceremony. In an exchange lasting only a few seconds, Jack offered to make the couple any other type of baked good or sell them a pre-made cake but stated that because of his faith he couldn’t design a cake celebrating that particular event.  The two men left and shortly after filed a complaint with the Colorado Civil Rights Commission alleging sexual orientation discrimination.  The Commission ruled against Jack in December 2013, saying that designing and creating cakes is not speech protected by the First Amendment. The Commission ordered Jack and his staff to go through a “re-education” program, implement new policies to comply with the Commission’s order, and file quarterly “compliance” reports for two years to show that Jack had completely eliminated his religious beliefs from his business.

The amicus brief focuses not only on arguments surrounding the right to a free exercise of religion but freedom of speech.  Specifically, the government cannot compel speech in violation of one’s conscience. If the Supreme Court rules against Jack, “the rights of all Americans would be trampled, but it would place a special burden on those Americans trying to earn a livelihood consistent with their faith.”  The Colorado Civil Rights Commission has maintained that it is not violating Jack Phillip’s freedom of speech because cake baking/decorating is not speech. However, in cases where a bakery was asked to design a cake with a message opposing same-sex marriage, the Commission upheld the bakery’s right to refuse service on free speech grounds.

The brief also argues that cake design is clearly art. Supreme Court precedent has defined art as speech and, thus, because the government cannot compel speech, it cannot compel a cake designer (or other artists) to use their artistic talents in regards to a same-sex wedding.  “The most dangerous aspect of the lower court’s decision is the idea that public accommodation laws somehow override the promise that ‘The First Amendment protects the right of individuals to hold a point of view different from the majority and to refuse to foster . . . an idea they find morally objectionable.’”

The brief concludes that “Government coercion of speech or conduct that violates the religious conscience of the speaker or actor is not only a violation of the First Amendment, it is also patently un-American and a gross violation of personal liberty.”

Florida Family Policy Council and its sister organization, Florida Family Action, continue to fight against instituting the same type of law as the one being used to punish Jack Phillips for simply trying to live a life consistent with his faith. However, while the anti-liberty and anti-business “Competitive Workforce Act” has failed for many years, it continues to pick up ignorant supporters unaware of the chilling and dangerous effect of these laws.   If passed, the “Competitive Workforce Act” would create a weapon to punish citizens who want to live and work according to their conscience without fear of reprisal by the government for exercising their right to religious freedom and free speech.

Click to download the persuasive Amicus Brief in PDF format.

The post Florida Family Policy Council Joins Amicus Brief Filed in Landmark US Supreme Court Religious Liberty Case appeared first on Florida Family Action.

Visit our Facebook page for photos from this year’s event. More photos will continue to be added in the coming days. Tag yourself and share these photos with your friends and encourage them to join us next year for this exciting event! Follow us on Facebook to continue to receive our most current updates on what’s happening around the state relating to life, religious liberty, and family issues.

On Tuesday, FFPC hosted a Legislative Prayer Breakfast attended by over 250 people, including 15 elected officials. Guest speakers included Governor Rick Scott, Commissioner Adam Putnam, House Speaker Richard Corcoran, Representative Kim Daniels, Representative Jamie Grant, Senator Greg Steube, and keynotes Alliance Defending Freedom legal counsel Kellie Fiedorek, and her client Barronelle Stutzman a Washington florist and grandmother targeted by her state for living out her faith.

During the event, FFPC also honored additional Champion of the Family legislators who were unable to join us at our 2016 Annual Dinner.

At the Capitol, the week started off very busy for the Legislature with a number of groups visiting the Capitol with a variety of interests. One group that protested asking for “equal pay” for women is tied to an employment discrimination bill. The problem with this bill is that it includes gender identity as a protected class – meaning a man who identifies as a woman would be covered under the bill – essentially making the bill meaningless as some feminists are now seeing.

The cold weather that came to Tallahassee mid-week seemed to slow down the Legislature. The Senate went so far as to cancel some of its meetings at the end of the week.  Next week we expect to see a number of bills heard in committee.

Now let’s take a look at some of the bills that were heard in the Legislature this week…

GOOD BILLS

LIFE 

HB 969 / SB 1130 Pregnancy Support Services
Sponsors: Rep. Jackie Toledo (R), Sen. Aaron Bean (R)

This bill was heard in both the House and the Senate this week.  Planned Parenthood opposes the bill showing the radical pro-abortion nature of the abortion giant – they oppose a bill which does not harm them in any way and helps pregnant women and their children.

The 10-4 vote in the House was party-line with Democrats opposing the measure.  The 4-2 Senate vote had Sen. Montford (D) voting for the bill, ensuring that it did not die in committee.

GAMING 

HB 7037 Addressing Gambling Long-Term 
Sponsor: Rep. Mike La Rosa (R) and the Tourism & Gaming Control Subcommittee

The House did not take up the bill this week, but it is scheduled for next week in the Ways & Means Committee, the final stop before a vote by the full House.

RELIGIOUS LIBERTY 

HB 303 / SB 436 Religious Liberty in Public Schools or “Florida Student and School Personnel Religious Liberties Act” Sponsors: Rep. Kim Daniels (D), Rep. Patricia Williams (D), Sen. Dennis Baxley (R)

This bill was heard in its first committee in the House, passing unanimously in a 14-0 vote.  The Senate passed their version out of its final committee in a 5-4 vote along party lines. Florida Family Action calls on the Florida Legislature to affirm the religious liberty of all citizens, especially in counties with non-discrimination laws which include sexual orientation and gender identity.  Religious liberty should not be limited to specific individuals in specific situations but is a robust right of expression.

ISRAEL 

HB 281 / SB 574 Opposing United Nations Security Council (UNSC) Resolution 2334
Sponsors: Rep. Jared Moskowitz (D), Sen. Kevin Rader (D)

The Senate heard this bill in the Judiciary committee (the first of two committee stops) on Tuesday and moved it forward in a 6-2 vote.

BAD BILLS

LGBT RIGHTS

HB 623 / SB 666 Creating Special Rights for LGBT Citizens or “Florida’s Competitive Workforce Act” 
Sponsors: Rep. Ben Diamond (D), Rep. Rene Plasencia (R), Sen. Jeff Clemens (D)

This remains the single worst and anti-liberty bill in the Florida Legislature because of its effect on public safety and freedom of conscience. It adds sexual orientation and gender identity or expression to Florida’s Civil Rights Act of 1992 as impermissible grounds for discrimination. This bill provides a new way for LGBT individuals to sue employers and small businesses for discrimination.  It would allow men access to use women’s showers, locker rooms, and bathrooms.

There was no movement on either the House or Senate versions of the bill this week. Florida Family Action urges legislators to vote no on this bill and related bills which will not help strengthen Florida’s economy, regardless of what opponents claim.

GAMBLING

SB 8 Gaming Expansion Bill 
Sponsor: Sen. Bill Galvano (R)

This bill passed out of its final committee before the official start of the legislative session.  While it was ready for a full vote by the Senate, it was not scheduled for one this week.

ALCOHOL

HB 81 / SB 106 Hard Liquor in Grocery Stores 
Sponsors: Rep. Bryan Avila (R), Sen. Anitere Flores (R)

The “Whiskey and Wheaties” bill just barely passed out of the House Government Operations & Technology Appropriations Subcommittee. With some members not present during the committee meeting, the bill was passed in a 7-6 vote. It is expected to be heard in its final House committee next week while the Senate is soon expected to take up its version for a vote by the full Senate.

The post Legislative Insider’s Report Week 2 of 9 appeared first on Florida Family Action.