The Arizona Supreme Court in a 4-3 decision has ruled in favor of Phoenix-based Brush & Nib Studio, a small business that refused to produce homosexual wedding invitations.
“The rights of free speech and free exercise, so precious to this nation since its founding, are not limited to soft murmurings behind the doors of a person’s home or church, or private conversations with like-minded friends and family,” wrote Justice Andrew Gould for the majority.
“These guarantees protect the right of every American to express their beliefs in public. This includes the right to create and sell words, paintings, and art that express a person’s sincere religious beliefs. With these fundamental principles in mind, today we hold that the City of Phoenix … cannot apply its Human Relations Ordinance … to force Joanna Duka and Breanna Koski, owners of Brush & Nib Studio, LC (“Brush & Nib”), to create custom wedding invitations celebrating same-sex wedding ceremonies in violation of their sincerely held religious beliefs. Duka, Koski, and Brush & Nib (“Plaintiffs”) have the right to refuse to express such messages under article 2, section 6 of the Arizona Constitution, as well as Arizona’s Free Exercise of Religion Act (“FERA”), A.R.S. § 41-1493.01.,” the ruling states.
The case pitted the business owners against the city of Phoenix, with key elements including the concepts of artistic freedom, religious rights, and anti-discrimination laws.
The full decision can be read here.
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