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Is Phoenix’s non-discrimination authorization a abuse of abandon or a all-important admeasurement that protects boyhood groups adjoin discrimination? Wochit

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Artists Joanna Duka and Breanna Koski (left) are arduous Phoenix’s anti-discrimination ordinance, they accommodated with the media about their case afterward articulate arguments at the Arizona Cloister of Appeals on Apr. 23, 2018 in Phoenix, Ariz.(Photo: Rob Schumacher/The Republic)

Is Phoenix’s nondiscrimination authorization a “criminal law” that violates freedoms of religions and accent — or a all-important admeasurement that protects boyhood groups adjoin discrimination?

That was the affair of altercation central a burghal Phoenix attorneys Monday morning as a duo of Christian artists appealed a lower-court accommodation upholding the Phoenix ordinance.

Joanna Duka and Breanna Koski, owners of Brush & Nib Studio and self-described evangelical Christians, sued Phoenix in 2016 over the allotment of the burghal authorization that prohibits bigotry based on animal orientation. 

Duka and Koski create invitations and added handmade artwork for weddings and events. The artists — who authority the religious acceptance that alliance is amid one man and one woman — do not appetite to architecture invitations or added custom artwork for LGBT couples because they accept it would be the agnate of acknowledging the marriage.

The artists additionally appetite to broadcast a account on their website asserting that because of their religious convictions, they will architecture custom artwork alone for heterosexual couples.

Artists Breanna Koski and Joanna Duka (right) are arduous Phoenix’s anti-discrimination ordinance, Duka talks about their case afterward articulate arguments at the Arizona Cloister of Appeals on Apr. 23, 2018 in Phoenix, Ariz. (Photo: Rob Schumacher/The Republic)

Phoenix has had a nondiscrimination authorization on the books aback 1964, but the Burghal Council broadcast it to assure adjoin animal acclimatization and gender character bent in 2013. 

The authorization bans discrimination in housing, application and accessible accommodations, including privately owned businesses. Business owners and individuals who don’t accede can face criminal prosecution and a abomination charge, with anniversary abuse amiss by up to six months in bastille and a $2,500 fine.

No gay brace had requested the business’ casework aback the artists filed the accusation with the abutment of Scottsdale-based Alliance Defending Freedom — a bourgeois acknowledged accumulation abaft agnate lawsuits arduous nondiscrimination ordinances beyond the country. 

Alliance Defending Abandon agents said the artists accept aback accustomed “some requests” for same-sex weddings, although cloister abstracts submitted by the burghal of Phoenix appearance the burghal does not accept Brush & Nib Studio has abandoned the authorization and never has threatened to arraign the owners.

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In October, Maricopa County Superior Cloister Judge Karen Mullins alone all of Duka and Koski’s acknowledged arguments and confirmed that the Phoenix authorization does not breach Arizona’s chargeless accent and chargeless exercise of adoration laws.

Mullins also denied an beforehand appeal to anticipate Phoenix from administration the ordinance.

Duka and Koski appealed both decisions to the Arizona Cloister of Appeals. 

Artists Joanna Duka and Breanna Koski (left) are arduous Phoenix’s anti-discrimination ordinance, they talked with the media about their case afterward articulate arguments at the Arizona Cloister of Appeals on Apr. 23, 2018 in Phoenix, Ariz. (Photo: Rob Schumacher/The Republic)

On Monday morning, a three-judge appeals cloister console watched the lawyers for the burghal and the artists acrylic aberrant pictures of the acknowledged issues at comedy in the case. 

Jonathan Scruggs of Alliance Defending Abandon argued that Duka and Koski would accept no botheration affairs premade artwork to LGBT customers, but they aloof “won’t advance same-sex marriage” by designing custom bells abstracts for their nuptials.

Writing the names of two men or two women on an invitation, or bearing specialized artwork for the express purpose of a same-sex bells would be the aforementioned as acknowledging the wedding, Scruggs said. Forcing the artists to accomplish these articles would be “compelled speech” and illegal, he said.

He said the women’s accomplishments are not abominable because their accommodation not to serve LGBT barter is based on the message they’re actuality asked to create, not the animal acclimatization of the alone requesting the services.

For example, if a heterosexual woman came to the Brush & Nib Studio and asked the artists to architecture invitations for her son’s same-sex wedding, he said they additionally would abjure that request.

“It’s not who walks in the door, it’s the bulletin they’re asked to create,” Scruggs told the judges. 

He said the artists’ decision to not actualize specialized artwork for same-sex weddings is no different than a Muslim printer abnegation to book abstracts for a synagogue, a lesbian web artist abnegation to actualize a website accusatory gay rights or an agnostic attestant crumbling to perform at an Easter service.

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Attorney Eric Fraser, who argued on account of Phoenix, disagreed. He said Duka and Koski’s action is about “who is accepting affiliated — not the message.”

He said the women adjudge whether to serve a brace based alone aloft their gender — not the bulletin they appetite to aback on the invitations.

The artists would be accustomed to abatement a appeal by a same-sex brace to architecture an allurement or allotment of artwork that says article absolute about same-sex marriage, aloof like they could say “no” to a appeal they acquisition “tacky” like a motorcycle-themed invitation, Fraser said.

Jack Phillips, buyer of Masterpiece Cakeshop in Lakewood, Col. (Photo: Matthew Staver for USA TODAY)

What they cannot do is abjure a same-sex brace the aforementioned basal allurement they would accommodate to a heterosexual brace aloof because they appeal two macho names or two changeable names, he said. 

Fraser acclimated the Muslim printer archetype to allegorize his point: The printer could debris to book a assurance that said, “Jesus is Lord,” for a Christian chump because he would not aftermath that account for anyone. But he could not debris to book altogether cards for Christian accouchement if he prints the aforementioned cards for Muslim children. 

During the articulate arguments, Judge Jennifer Campbell asked both attorneys why the cloister should accomplish a accommodation on this case aback a agnate case is apprehension a U.S. Supreme Cloister decision.

In December, the Supreme Cloister heard articulate arguments in a altercation amid a same-sex brace and a Colorado block artist who banned to serve them. Masterpiece Cakeshop additionally was represented by the Alliance Defending Freedom. 

A accommodation is accepted this summer. 

Attorneys for both abandon told Campbell that the accommodation in the Colorado case may not acknowledgment all of the acknowledged questions in the Brush & Nib Studio case because it deals with a altered anatomy of aesthetic announcement and a altered set of circumstances. 

The board took the Brush & Nib case beneath admonition and are accepted to accommodate a accounting accommodation in the advancing months. 

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Artists Breanna Koski and Joanna Duka (right) are arduous Phoenix’s anti-discrimination ordinance, Duka talks about their case afterward articulate arguments at the Arizona Cloister of Appeals on Apr. 23, 2018 in Phoenix, Ariz. (Photo: Rob Schumacher/The Republic)

For the aboriginal time aback they filed the lawsuit, Duka, accompanied by her business partner, spoke about about the case in a account conference after the articulate arguments. 

Duka common what her attorneys had argued — that the custom artwork they create comes from their “hearts and souls.”

“Artists advance so abundant of themselves in what they create. The government shouldn’t ascendancy those alive decisions,” she said. 

Duka said she hopes her accusation sets a antecedent that protects artistic speech. 

“We brought this case to assure this abandon not aloof for ourselves but for all artists,” Duka said.

A Supreme Cloister case has abstruse implications for LGBT rights and religion’s abode in accessible life. The case pits a Denver-area gay brace adjoin a chef who cited his Christian acceptance in abnegation to accomplish a block for their bells celebration. (Dec. 1) AP

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