FOR IMMEDIATE RELEASE: Secular government supporters decry Supreme Court decision upholding religious discrimination against LGBTQ customers
(Wed., Sept 17, 2019) Phoenix, Ariz. — The Arizona Supreme Court decided 4-3 yesterday that business owners who cite a conflict of religious belief can be permitted to refuse to serve certain customers. Specifically, the case ruled that the city of Phoenix could not enforce an ordinance which prohibits discrimination in providing products or services at places of public accommodation based on race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability.
The court ruled in favor of two self-described Christian artists at Brush and Nib Studio, saying the City cannot force them to create custom wedding invitations for same-sex couples. The women argued that the ordinance violates their First Amendment and Arizona constitutional rights to religion and free speech.
The women were represented by Scottsdale-based Alliance Defending Freedom (ADF), a legal group which challenges similar laws nationwide, and which is identified as an anti-LGBTQ hate group by the Southern Poverty Law Center.
Per attorney and Secular Coalition for Arizona board member Dianne Post: “As the court said in Washington v. Arlene’s Flowers, it’s not about cakes or flowers—or in this case, invitations— any more than the sit-ins in the south in the 1960s were about sandwiches and soda. This is about equality and fairness. Movements toward theocracy betray American values and the Constitution.
“How do we know a person is actually motivated by a sincere religious belief rather than ignorance or bigotry? What’s really happening here is an effort to give special privileges to a narrow segment of Christians while stigmatizing other groups and refusing them the constitutional protection of the 14th Amendment— that all citizens shall not be denied equal rights under the law. This is clearly a political decision based on Christian nationalism, accomplished by the court-packing plan of Governor Ducey. Rather than engage the issue, the court has chosen to see, hear, and speak no evil in the face of evil standing in front of them.”
Legal experts have anticipated a challenge like this returning to the U.S. Supreme Court since the ADF represented a Colorado baker facing penalty under that state’s anti-discrimination law in 2018.