Christian visual artists file legal complaint against Phoenix for non-discrimination ordinance

Christian non-profit organization Alliance Defending Freedom has filed a pre-enforcement challenge against the City of Phoenix because of a city ordinance that forces artists to use their talents for things that go against their religious beliefs.

The lawsuit, filed at the state court on Thursday on behalf of Christian studio artists Joanna Duka and Breanna Koski, says that the ordinance forces them to use their talents to promote same-sex marriage and forbids them to publicly express their belief that marriage is between a man and a woman.

"Artists shouldn't be threatened with jail for disagreeing with the government," ADF Senior Counsel Jeremy Tedesco said. "The government must allow artists the freedom to make personal decisions about what art they will create and what art they won't create. Just because an artist creates expression that communicates one viewpoint doesn't mean she is required to express all viewpoints. It's unjust, unnecessary, and unlawful to force an artist to create against her will and intimidate her into silence."

Duka and Koski are co-owners of Brush & Nib, an art studio that specializes in hand-drawn paintings, hand-made letterings, and calligraphy for events such as weddings. They have opted to take legal action that challenges the law before it can be enforced agains them.

The ordinance that they are challenging, Phoenix City Code Section § 18.4(B), is deemed as a violation against First Amendment freedoms, including Arizona's Free Exercise of Religion Act and the Free Speech Clause. It is a non-discrimination ordinance that, according to ADF, forces artists to create art even though the concept goes against their faith. It reportedly mandates that an artist who objects can either forego their right to create art or to serve up to six months jailtime plus pay up to $2,500 in fines each day it violates § 18.4(B).

"By compelling artists to create and by silencing their speech, § 18.4(B) violates the Arizona Constitution's Free Speech Clause, Religious Toleration Clause, Equal Protection Clause, Due Process Clause, and the Arizona Free Exercise of Religion Act," the complaint reads. "Based on these provisions, Plaintiffs ask this Court to enjoin and declare § 18.4(B) unconstitutional so that they and other Arizona artists can return to doing what they do best -- create and discuss authentic art that reflects their beliefs, not the government's."

The complaint also comes with an accompanying motion for preliminary injunction.