New: AZ Supreme Court says business doesn't have to create invitations for same-sex marriages

[DesertRat]

In a narrow ruling on a Phoenix law protecting LGBT residents from discrimination, the Arizona Supreme Court decided Monday that the owners of Phoenix's Brush & Nib Studio don't have to create invitations for same-sex marriages.

Here is the key part of the ruling:

“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. 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.

The City of Phoenix cannot apply its Human Relations Ordinance to force Joanna Duka and Breanna Koski, owners of Brush & Nib Studios, to create custom wedding invitations celebrating same-sex wedding ceremonies in violation of their sincerely held religious beliefs. Duka, Koski, and Brush & Nib 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.”

The court ruled 4-3 in favor of Brush & Nib. In the majority were Justices Andrew Gould, John Lopez, and Clint Bolick - all appointees of Gov. Doug Ducey — and John Here is the key part of the ruling:

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. 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.

The City of Phoenix cannot apply its Human Relations Ordinance to force Joanna Duka and Breanna Koski, owners of Brush & Nib Studios, to create custom wedding invitations celebrating same-sex wedding ceremonies in violation of their sincerely held religious beliefs. Duka, Koski, and Brush & Nib 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.

The court ruled 4-3 in favor of Brush & Nib. In the majority were Justices Andrew Gould, John Lopez, and Clint Bolick - all appointees of Gov. Doug Ducey — and John Pelander.

Read here for the back story on this ruling:
https://www.12news.com/amp/article/news/politics/arizona-court-could-issue-landmark-ruling-Monday-on-lgbt-rights/75-01edbf18-2c32-4d4e-8f07-2ae8e6820a5a

[matt819]

1. This is so damned exhausting

Ok, fine. You don't have to (fill in the blank) for gay people. No wedding venue, no cards, no cakes, not cupcakes, not muffins, no coffee. Fine. I get it. You hate gay people.

So. . . in Phoenix (or Cleveland, or Bellingham, or wherever), just get the word out to the rational, normal, humane, decent people community that they should not do business with a particular venue, store, shop, baker, printer, candlestick maker. No need to make a big fuss re boycotting. No need to picket. No need even to go on Yelp. Just patronize other businesses and get the word out about those people. Take out ads. Spread the word. Go to a, not b. Go to this baker, not that one. Go to this venue, not another.

The word will get out. Some businesses will prosper, others not. This is as it should be. All without cyberbullying and shame and lawsuits.

[TheRealNorth]

3. That's the thing

Word probably won't get out in most cases, especially after it has become normalized, so if we don't want to patronize these discriminating shits we probably won't know.

[FBaggins]

2. All seven are Republican appointees IIRC

Though I thought Pelander retired this past winter.

[DesertRat]

4. Pelander and Bales now retired, stayed on the case

Link to tweet

Link to tweet

[unblock]

5. is sex a necessary part of marriage under the law in az? is it anymore in any state in america?

i think a part of the legal analysis that's missing in these cases is that from a legal perspective, marriage has pretty much nothing to do with sex. you can get married and never have sex, you can get married and have extra-marital affairs, whatever, the state no longer seems to be generally concerned with such matters, except possibly of the couple wants to get a divorce.

given that, what's the "sincerely held religious belief" about when it comes to refusing to print up *wedding* invitations? where in the bible does it say it's a sin to get *married* to someone of the same sex? i get that there may be some (bigoted) religious objections to having *sex* with a same-sex partner, but getting *married* to someone of the same sex is a different question.


moreover, where in the bible does it say it's a sin to print invitations for someone else's marriage? you're not participating in homosexual activity when you print up a marriage invitation. again, as noted above, you can't even be certain there's any homosexual activity in the entire picture. yeah, it may be a pretty good guess in most cases, but point is, we're now several steps removed from the actual "sin".

so now they're objecting to doing business with a customer who might be committing something they think is a sin, when these people are invariably from a religion that believes that everyone is a sinner anyway, yet they'll happily do business with all the other sinners....

[Karadeniz]

6. So how does work with equality and civil rights?

[PhoenixDem]

7. This violates the equal protection clause

It will be reversed in Federal court

I'm sure an appeal will be successful