Store
owners cannot be jailed for refusing to make wedding invitations for same-sex
couples: Arizona Supreme Court, by Christian de La Chapelle, 9/17/19, Fox
Business
Former Justice
Department official Robert Driscoll on the Supreme Court ruling in favor of a
baker in Colorado who refused to bake a cake for a same-sex wedding.
The city of Phoenix cannot
compel an art studio owned by two Christians to design wedding invitations
for same-sex couples, the Arizona Supreme Court ruled Monday in a 4-3 decision.
Joanna Duka and Breanna
Koski, who run Brush & Nib Studio, potentially faced $2,500 in fines and
six months in jail for violating Phoenix's 2013 ordinance that prohibited
discrimination based on "sexual orientation, gender identity or
expression."
"Duka and Koski’s
beliefs about same-sex marriage may seem old-fashioned, or even offensive to
some," wrote Justice
Andrew Gould in the opinion of the court. "But the guarantees of free
speech and freedom of religion are not only for those who are deemed
sufficiently enlightened, advanced, or progressive."
“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,” Gould wrote.
Judge
Christopher Staring dissented, agreeing generally with the majority opinion but
worrying that the decision could be used as basis to discriminate against
religious persons.
"Among
other things, I am concerned that, ironically, today’s holding could be relied
on to discriminate against individuals based on their religion and religious
beliefs, notwithstanding the fact that both Arizona and Phoenix include
religion as a basis for protection in their public accommodation laws,"
Staring wrote.
"Today,
freedom won," said attorney Jonathan Scroggs of Alliance Defending
Freedom, which represented Duka and Koski. "Everyone should enjoy the
freedom to peacefully live out their beliefs without fear that the government
will silence them or force them to promote messages that violate their core
convictions. That freedom should be protected, regardless of whether people
share the government’s point of view. We’re encouraged that the Arizona Supreme
Court has ruled today to protect that key freedom— guaranteed by the
Constitution and so crucial to American life."
"Today’s
victory is not just a win for Breanna Koski and me," Duka added.
"It's a victory for everyone. Everyone should be free to peacefully live
and work according to their beliefs without fear of unjust punishment. We
brought our case to protect this freedom, not just for ourselves, but for all
Americans."
The
studio owners filed the suit to enjoin the city from citing them for violating
the ordinance. They had not yet been cited. The owners also sought a
declaration that the ordinance violates their free speech and religious
exercise rights, but the court stuck to a more narrow decision applying only to
the owners and their wedding invitations.
Norb
Leahy, Dunwoody GA Tea Party Leader
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