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Arizona Supreme Court Rules for Business Opposed to Making Same-Sex Wedding Invitations

The ruling throws into question the strength of Phoenix's nondiscrimination ordinance.

The Arizona Supreme Court ruled 4-3 on Monday that a 2013 Phoenix nondiscrimination law violated the freedom on speech and religious rights of two business owners who feared reprisals should they refuse to make invitations for same-sex weddings.

Joanna Duka and Breanna Koski, co-owners of art and calligraphy business Brush and Nib Studio, appealed their case to the state's Supreme Court after a superior court judge in Phoenix ruled against them in 2017, and the Arizona Court of Appeals did likewise in 2018.

While the city ordinance protects LGBTQ people from discrimination in public accommodations, there is no state or federal law protecting on the basis of sexual orientation and gender identity, which the court noted. The House passed the Equality Act earlier this year, which would add LGBTQ protections to existing federal civil rights law, but the Republicans in the Senate are preventing it from coming up for a vote.

"Duka and Koski's beliefs about same-sex marriage may seem old-fashioned, or even offensive to some. 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," the court ruling reads.

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

"A core tenet of our nation is freedom of religion but freedom of religion does not mean freedom to discriminate," said Phoenix Mayor Kate Gallego, who pointed out that the nondiscrimination ordinance still stands. "Personal convictions cannot be used as an excuse for outward bigotry. If you serve someone in your community, you should serve all people in our community."

"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," HRC's Deputy Campaign Director Justin Unga said in a statement.

"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," said ACLU of Arizona Policy Director Darrell Hill in a statement.

Last week, a florist in Richland, Washington who refused to make an arrangement for a same-sex wedding appealed to the U.S. Supreme Court to take up her case. She is represented by the Alliance Defending Freedom, the same conservative Christian group that backed Duka and Koski.

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