PHOENIX — The Arizona Supreme Court has made a decision in the case of a small business who refused service to a same-sex couple.
On Monday morning, the Arizona Supreme Court ruled that Phoenix's non-discrimination ordinance violates the constitution, therefore allowing Brush & Nib Studio to not have to make wedding products for a same-sex couple.
"To conclude, we hold that the Ordinance, as applied to Plaintiffs’ custom wedding invitations, and the creation of those invitations, unconstitutionally compels speech in violation of the Arizona Constitution’s free speech clause," the conclusion of the 110-page ruling reads. "Finally, because Plaintiffs’ intended refusal to make custom wedding invitations celebrating a same-sex wedding is legal activity under Arizona’s free speech clause...Plaintiffs are entitled to post a statement, consistent with our holding today, indicating this choice."
Earlier this year, an attorney for artists Joanna Duka and Breanna Koski with Brush & Nib Studio argued complying with Phoenix's anti-discrimination ordinance would violate their clients' free-speech and exercise-of-religion rights by forcing them to custom-make products for same-sex weddings. They believe a marriage should be between only a man and woman.
"Countless items, there are literally countless items they would create for people," Jonathan Scruggs, senior counsel for Alliance Defending Freedom, said in the past. "They just can't say, 'We celebrate a vision of marriage that we disagree with.'"
The city said the two artists are free to infuse their faith within their business, but said the courts shouldn't create a blanket exception that allows them to discriminate against a class of people. Two courts previously upheld the constitutionality of the ordinance.
"Nothing in the law tells businesses what to write, what to say, what to paint," Eric M. Fraser, outside counsel for the City of Phoenix, said. "All it says is if you hold yourself out as open to the public, you cannot refuse service because of who someone is."
Mayor Gallego promises today's ruling does not stop Phoenix's commitment to end discrimination. "Freedom of religion does not mean freedom to discriminate," Gallego said. "Personal convictions cannot be used as an excuse for outward bigotry."
Jonathan Scruggs, an attorney for Alliance Defending Freedom, the conservative group which argued the case on behalf of Brush & Nib countered, "regardless of one's view on marriage, this is a win for all citizens of Arizona. Because a government that can crush Joanna and Breanna can crush any one of us."
The city of Phoenix is not expected to appeal the case.
