Christian artists cannot decline orders for same-sex wedding invitations, Arizona judge rules

An Arizona judge has rejected a lawsuit challenging a Phoenix ordinance that prohibits discrimination based on sexual orientation, thereby preventing Christian artists from declining orders for same-sex wedding invitations.

Joanna Duka and Breanna Koski, owners of Brush & Nib Studio, filed a lawsuit to override the ordinance in 2016, arguing that forcing them to create invitations for same-sex weddings would violate their freedoms of speech and religion.

Last week, Judge Karen Mullins rejected the arguments of Duka and Koski, and confirmed that the city's ordinance does not violate Arizona's laws on free speech and free exercise of religion. The judge also turned down a request to prevent Phoenix from enforcing the ordinance.

"The government may permissibly regulate the sale of goods and services by businesses that sell those goods and services to the general public. This is true even if the goods and services at issue involve expression or artistic creativity," the judge stated in her order.

Arizona Central noted that no gay couple has sought the services of the studio and no complaint has been filed against the owners.

Mullins argued that printing the names of same-sex couples on wedding invitations does not hinder the owners from exercising their religious belief, and it does not prevent them from expressing their views on their business website, literature or in their personal lives.

The judge said that the government can prevent the owners from advertising that they will not serve same-sex couples, but they can publish their religious opinions about marriage, as long as they do not "state or imply that same-sex couples are unwelcome as customers."

The Alliance Defending Freedom (ADF), the Scottsdale-based legal group that filed the lawsuit on behalf of Duka and Koski, has expressed plans to appeal the case. "People shouldn't be forced to promote views that they disagree with," said ADF attorney Jonathan Scruggs.

Scruggs contended that the lawsuit is about protecting not just Christians, but all American artists from being forced to create art that is inconsistent with their views.

The legal group noted that the ordinance includes a "censorship" provision that could impose jail time, three years probation, and a $2,500 fine on Duka and Koski if they publicly explain their position on marriage and how their views affect their work.

"Breanna and Joanna are happy to create art for all people," Scruggs said. "They just object to being forced to pour their heart and imagination, their talent and their soul into creating messages that violate their consciences," he added.