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Brush & Nib Studio v. City of Phoenix

Description:  A Phoenix art studio that specializes in hand-painting, hand-lettering, and calligraphy for weddings and other events is challenging a city ordinance that forces the studio’s two owners to use their artistic talents to promote same-sex ceremonies. The ordinance also forbids them from publicly expressing the Christian beliefs that prevent them from doing so and that require them to create art celebrating only marriages between one man and one woman.


Arizona Supreme Court issues huge win for artistic freedom

State high court says Phoenix can’t violate artists’ freedom of speech, religion
Monday, Sep 16, 2019
 
PHOENIX – The Arizona Supreme Court ruled Monday that the city of Phoenix cannot use a criminal law to force two artists to design and create custom wedding invitations expressing messages that conflict with their core beliefs. Such coercion, the court held, would violate the fundamental principle that “an individual has autonomy over his or her speech and thus may not be forced to speak a message he or she does not wish to say.” The court ruled in favor of Joanna Duka and Breanna Koski, owners of Brush & Nib Studio, who were under threat of up to six months of jail time, $2,500 in fines, and three years of probation for each day the city would find them in violation of the law.

Alliance Defending Freedom attorneys representing Duka and Koski filed suit against Phoenix because it interprets its law in a way that illegally controls artistic expression and disregards religious liberty. The court agreed and found that the law violates the freedom of Duka and Koski to express messages consistent with their religious beliefs through their custom wedding invitations.

Duka and Koski will participate with ADF attorneys in a press conference Monday at noon Arizona time at the ADF office in Scottsdale.

“The government shouldn’t threaten artists with jail time and fines to force them to create custom artwork, such as wedding invitations, expressing messages that violate their beliefs, and that’s what the court has affirmed today,” said ADF Senior Counsel Jonathan Scruggs, who argued on behalf of Duka and Koski before the Arizona Supreme Court. “Joanna and Breanna work with all people; they just don’t promote all messages. They, like all creative professionals, should be free to create art consistent with their convictions without the threat of government punishment. Instead, government must protect the freedom of artists to choose which messages to express through their own creations. The court was right to find that protections for free speech and religion protect the freedom of creative professionals to choose for themselves what messages to express through their custom artwork.”

The Arizona high court found that the Phoenix law violates Duka and Koski’s free speech protections under the state constitution and their free exercise rights under Arizona’s Free Exercise of Religion Act.

“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,” the court wrote in its decision in Brush & Nib Studio v. City of Phoenix. “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. With these fundamental principles in mind, today we hold that the City of Phoenix…cannot apply its Human Relations Ordinance…to force Joanna Duka and Breanna Koski…to create custom wedding invitations celebrating same-sex wedding ceremonies in violation of their sincerely held religious beliefs.”

As ADF attorneys explained to the court during the case, “These women of deep religious faith gladly serve everyone, including those in the LGBT community; their faith simply prevents them from expressing certain messages for anyone. So this case is not about whether businesses can decline to serve an entire class of people. It is about whether artists can freely choose which messages their own art conveys.”

Duka and Koski specialize in creating custom artwork using hand painting, hand lettering, and calligraphy to celebrate weddings and other events. Phoenix interprets its ordinance, City Code Section 18-4(B), in a manner that forces artists, like Duka and Koski, to use their artistic talents to celebrate and promote same-sex marriage in violation of their beliefs, even when they decide what art they create based on the art’s message, not the requester’s personal characteristics. The ordinance also bans them from publicly communicating what custom artwork they can and cannot create consistent with their faith.

“We are pleased that the city can no longer enforce its ordinance in a manner that violates freedom of expression or the ability of Joanna and Breanna to live and work consistently with their faith,” Scruggs said. “Joanna and Breanna will now be able to create custom wedding invitations and to communicate about their beliefs without fear of government punishment, as any artist should be free to do. This isn’t just a victory for them. It’s a victory for everyone.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
 
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Additional resources: Brush & Nib Studio v. City of Phoenix

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Legal Documents

Complaint: Brush & Nib Studio v. City of Phoenix
Motion for preliminary injunction and memorandum in support: Brush & Nib Studio v. City of Phoenix
Notice of appeal: Brush & Nib Studio v. City of Phoenix
Opening brief on appeal: Brush & Nib Studio v. City of Phoenix
Motion for summary judgment: Brush & Nib Studio v. City of Phoenix
Summary judgment ruling: Brush & Nib Studio v. City of Phoenix
Arizona Court of Appeals opinion: Brush & Nib Studio v. City of Phoenix
Petition for review: Brush & Nib Studio v. City of Phoenix
Supplemental brief to petition for review: Brush & Nib Studio v. City of Phoenix
Arizona Supreme Court opinion: Brush & Nib Studio v. City of Phoenix
Video of oral arguments at Arizona Supreme Court: Brush & Nib Studio v. City of Phoenix

Related Resources

ABOUT Jonathan Scruggs

Jonathan Scruggs serves as senior counsel and director of the Center for Conscience Initiatives with Alliance Defending Freedom. In this role, Scruggs leads the team defending the constitutionally protected freedom of creative professionals to live out their faith in business and professional life without being subjected to government coercion, discrimination, or punishment. Since joining ADF in 2006, Scruggs has worked on and prevailed in a variety of cases that protect the right of people to freely express their faith in their school, in their business, and in the public square. He earned his J.D. at Harvard Law School and is admitted to practice in the states of Arizona and Tennessee. Scruggs is also admitted to multiple federal district and appellate courts.