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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

In Brush & Nib Studio, LC, et al. v. City of Phoenix, the Supreme Court of Arizona addressed the intersection of free speech and religious freedom under the Arizona Constitution and the Arizona Free Exercise of Religion Act (FERA). The case involved plaintiffs who operate a studio specializing in custom artwork, including wedding invitations, and who objected to creating invitations for same-sex weddings on religious grounds. The City of Phoenix sought to enforce its Human Relations Ordinance, which prohibits discrimination based on sexual orientation, arguing that the plaintiffs' refusal constituted discriminatory conduct. The court reversed the lower courts' decisions, finding that the ordinance, as applied, compelled speech and substantially burdened the plaintiffs' religious exercise, thus violating the First Amendment and FERA. The ruling emphasized that the government cannot force individuals to express messages contrary to their core beliefs and highlighted the broader protections for free speech under the Arizona Constitution compared to the First Amendment. The decision was narrowly tailored to the creation of custom wedding invitations, without granting a blanket exemption for all business operations or addressing other wedding-related products. The court awarded summary judgment to the plaintiffs concerning their free speech and free exercise claims, while affirming their right to refuse to create custom wedding invitations for same-sex weddings.

Legal Issues Addressed

Compelled Speech Doctrine

Application: The court found that the ordinance compels the plaintiffs to create speech contrary to their beliefs, infringing on their rights under the First Amendment and the Arizona Constitution.

Reasoning: The government cannot force individuals to convey messages that contradict their core beliefs. The First Amendment protects religious individuals and organizations in promoting their principles, especially concerning marriage and family structures.

Free Speech and Free Exercise of Religion under the Arizona Constitution

Application: The court ruled that forcing Brush & Nib Studio to create custom wedding invitations for same-sex weddings violates their sincerely held religious beliefs, as protected by the Arizona Constitution and the Arizona Free Exercise of Religion Act.

Reasoning: The City of Phoenix cannot enforce its Human Relations Ordinance to compel Joanna Duka, Breanna Koski, and Brush. Nib Studios to create custom wedding invitations for same-sex weddings, as this would violate their sincerely held religious beliefs.

Public Accommodations and Anti-Discrimination Laws

Application: The court distinguished between regulating discriminatory conduct and compelling speech, emphasizing that public accommodations laws cannot force individuals to express messages they do not support.

Reasoning: The court rejects the notion that the custom wedding invitations are interchangeable products, asserting that each invitation is distinctly crafted with unique messages and designs for each couple.

Standing and Ripeness in Constitutional Challenges

Application: The court found that the plaintiffs faced a credible threat of prosecution under the ordinance, satisfying the requirements for standing and ripeness to challenge the law.

Reasoning: An actual case and controversy exists regarding the Plaintiffs, Duka and Koski, who face a credible threat of prosecution under the Ordinance for refusing to create custom wedding invitations for same-sex weddings.

Substantial Burden under the Arizona Free Exercise of Religion Act (FERA)

Application: The court determined that the ordinance imposes a substantial burden on the plaintiffs' religious exercise by forcing them to choose between their religious beliefs and compliance with the law.

Reasoning: Duka and Koski's religious beliefs regarding same-sex marriage are acknowledged by the City as sincere, rooted in Biblical teachings and Christian traditions.