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Brush & Nib v. City of Phoenix

Citation: Not availableDocket: CV-18-0176-PR

Court: Arizona Supreme Court; September 16, 2019; Arizona; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Supreme Court of Arizona reviewed a case involving Brush Nib Studio, a business owned by two individuals who create custom wedding invitations. The City of Phoenix sought to enforce its Human Relations Ordinance, which prohibits discrimination based on sexual orientation, against the studio owners who refused to create invitations for same-sex weddings, citing religious beliefs. The court assessed whether the ordinance infringed upon the plaintiffs' rights under both the First Amendment and the Arizona Free Exercise of Religion Act (FERA). The court concluded that the ordinance, as applied to the creation of custom wedding invitations, constituted a content-based regulation of speech and imposed a substantial burden on the plaintiffs' religious exercise. Applying strict scrutiny, the court found the City failed to demonstrate that the ordinance served a compelling interest through the least restrictive means. Consequently, the court reversed the trial court's summary judgment in favor of the City and ruled in favor of the plaintiffs, allowing them to refuse to create invitations for same-sex weddings without facing penalties. This decision was based on the protections afforded by both the free speech clause of the Arizona Constitution and FERA.

Legal Issues Addressed

Application of Strict Scrutiny to Content-Based Regulations

Application: The ordinance was deemed a content-based regulation when applied to custom wedding invitations, requiring strict scrutiny, which it failed to pass.

Reasoning: Under strict scrutiny, the City must demonstrate that the Ordinance serves a compelling government interest and is narrowly tailored to achieve that interest.

Free Exercise of Religion Under Arizona Free Exercise of Religion Act (FERA)

Application: The ordinance imposes a substantial burden on the plaintiffs' religious exercise, requiring the City to demonstrate a compelling interest served by the least restrictive means.

Reasoning: The Ordinance enforced by the City presents the owners, Duka and Koski, with a coercive choice: they must either comply by creating wedding invitations for same-sex marriages, which contradicts their beliefs, or face severe penalties.

Free Speech and Free Exercise Rights under Arizona Constitution

Application: The court ruled that the City of Phoenix's ordinance cannot compel the plaintiffs to create custom wedding invitations for same-sex marriages as it violates their free speech and free exercise rights.

Reasoning: The City of Phoenix cannot enforce its Human Relations Ordinance to compel Joanna Duka and Breanna Koski, owners of Brush. Nib Studios, to produce custom wedding invitations that celebrate same-sex marriages, as it infringes upon their sincerely held religious beliefs.

Protection of Pure Speech Under First Amendment

Application: Custom wedding invitations were deemed pure speech, thus protected by the First Amendment, as they involve original artistic expression.

Reasoning: The plaintiffs' creation of custom wedding invitations is classified as pure speech, involving original artwork and personal expression.

Standing and Ripeness Requirements in Judicial Review

Application: The plaintiffs had standing to challenge the ordinance as there was an actual controversy regarding potential enforcement against their business practices.

Reasoning: Consequently, the court determines there is a legitimate case and controversy concerning the Plaintiffs’ potential prosecution for refusing to create invitations for same-sex weddings, establishing standing despite the absence of immediate enforcement against them.