Uncivil Law
Uncivil Law
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Arizona Supreme Court Rules Caligrapher can DENY request to create invitations for a gay wedding

Posted

September 28, 2019

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A 2013 Phoenix legislation which provides"sexual orientation, gender identity or Expression" into the town's nondiscrimination ordinance violated the Liberty of speech and spiritual beliefs of 2 company owners, that the Arizona Supreme Court stated in a 4-3 ruling.

Wedding Invitation designers Joanna Duka and Breanna Koski, owners of all Brush & Nib Studio, filed a suit to challenge the town ordinance from fear they would be placed in prison for refusing to make custom made invitations that celebrate same-sex marriage.

The Town ordinance prohibits public accommodations from discriminating against individuals of secure status -- that includes sexual orientation. But neither the state nor national civil rights lodging statutes "lists sexual orientation as a legally protected status," the Court says.

Both the owners are Christians and work to run their company consistent with their religious beliefs, the court stated.

"Duka and Koski's beliefs about same-sex marriage may seem old-fashioned, or Even offensive to some," the court verdict reads. "But the guarantees of free speech and freedom of religion are not only for those who are deemed sufficiently enlightened, advanced, or progressive. They are for everyone."

Duka also stated after the judgment that the two will gladly serve everyone but we cannot create custom artwork celebrating certain events.

The Owners resisted in 2016 but dropped their case from the Maricopa County Superior Court at 2017 and the Arizona Court of Appeals at 2018.

The New judgment is slim, applying to just this company, and didn't Strike down the town's law,'' said Eric Fraser, the lawyer who argued on Behalf of this city.

In a dissenting opinion, Judge Christopher P. Staring stated he was worried that ironically, today's holding could be relied on to discriminate against individuals based on their religion and religious beliefs.

That's the issue echoed from the Human Rights Campaign, that predicted the judgment"a license to discriminate."

"Today's decision could also open the door for discrimination against other communities protected by the ordinance including religious minorities and women. LGBTQ Arizonans pay taxes, own businesses, serve in our military and contribute to our economy, and they deserve a government that stands with them," the company's Deputy Campaign Director stated in a declaration.

"We'll keep fighting to ensure protections for LGBT Arizonans so that no one can be fired from their job, denied a place to live, or be turned away from a business simply because of who they are and who they love," ACLU of Arizona Policy Director Darrell Hill said in a statement.

Guests & Subjects Covered

BTW IGiving Uncivil LawArizona Supreme CourtWedding InvitationJoanna DukaBreanna KoskiNib StudioThe Town

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Arizona Supreme Court Rules Caligrapher can DENY request to create invitations for a gay wedding · Uncivil Law · Sentinel