Once again, U.S. Supreme Court chooses to punt on a major religious liberty case

Florist Barronelle Stutzman and Robert Ingersoll have shared many details from the 2013 conversation that changed their lives and, perhaps, trends in First Amendment law.

For nine years, Ingersoll was a loyal customer at Arlene's Flowers in Richland, Wash., and that included special work Stutzman did for Valentine's Day and anniversaries with his partner Curt Freed. Then, a year after the state legalized same-sex marriages, Ingersoll asked her to design the flower arrangements for his wedding.

Stutzman took his hand, Ingersoll recalled, and said: "You know I love you dearly. I think you are a wonderful person, but my religion doesn't allow me to do this."

In a written statement to the Christian Science Monitor, Ingersoll wrote: "While trying to remain composed, I was … flooded with emotions and disbelief of what just happened." He knew many Christians rejected gay marriage but was stunned to learn this was true for Stutzman.

As stated in recent U.S. Supreme Court documents: "Barronelle Stutzman is a Christian artist who imagines, designs and creates floral art. … She cannot take part in or create custom art that celebrates sacred ceremonies that violate her faith."

This legal drama appears to have ended with Stutzman's second trip to the high court and its July 2 refusal to review a Washington Supreme Court decision the drew a red line between a citizen's right to hold religious beliefs and the right to freely exercise these beliefs in public life. Supreme Court justices Clarence Thomas, Samuel Alito and Neil Gorsuch backed a review, but lacked a fourth vote.

"This was shocking" to religious conservatives "because Barronelle seemed to have so many favorable facts on her side," said Andrew T. Walker, who teaches ethics at Southern Baptist Theological Seminary.

Stutzman is a 76-year-old grandmother and great-grandmother who faces the loss of her small business and her retirement savings. She has employed gay staffers. She helped Ingersoll find another designer for his wedding flowers. In the progressive Northwest, her Southern Baptist faith clearly makes her part of a religious minority.

"Barronelle is a heretic because she has clashed with today's version of progressivism," said Walker.

To no one’s huge surprise, the Washington state Supreme Court ruled against Baronelle Stutzman for refusing to provide flowers for a gay friend’s wedding. Also to no one’s surprise, she (that is, her lawyers) immediately appealed to the U.S. Supreme Court, which may get a new justice soon.

So what is the key question in this story for journalists striving to cover the actual arguments in the case? Once again, the small print in this story is that that Stutzman wasn’t refusing to serve gay people in all instances, like the Woolworth's lunch counter sit-ins during the Civil Rights era. Instead, she was claiming the right to refuse to provide flowers in one doctrinally defined situation -- a marriage rite.

But did mainstream news reporters make that crucial distinction?

In almost all cases the answer is "no." We’ll start with what the Seattle Times said:

A Richland florist who refused to provide flowers to a gay couple for their wedding violated anti-discrimination law, the state Supreme Court ruled Thursday.

The court ruled unanimously that Barronelle Stutzman discriminated against longtime customers Rob Ingersoll and Curt Freed when she refused to do the flowers for their 2013 wedding because of her religious opposition to same-sex marriage. Instead, Stutzman suggested several other florists in the area who would help them.

“We’re thrilled that the Washington Supreme Court has ruled in our favor. The court affirmed that we are on the right side of the law and the right side of history,” Ingersoll and Freed said in a statement.

Stutzman and her attorneys said they would appeal the decision to the U.S. Supreme Court. They also held out hope that President Donald Trump would issue an executive order protecting religious freedom, which was a campaign pledge.

The article went on to rehearse the facts of the case and then quote several people (the state attorney general and the American Civil Liberties Union attorney for the gay couple) who were at a Seattle news conference. This went on for a number of paragraphs.

The Seattle Times gave two paragraphs to a press release from Stutzman’s attorneys.