WASHINGTON – The Arizona Supreme Court Monday sided with two Phoenix women who said a city law aimed at preventing discrimination would have forced them to violate their Christian faith by creating custom invitations for same-sex weddings. A narrow majority of the court said that the religious convictions of Brush & Nib owners Joanna Duka and Breanna Koski “may seem old-fashioned, or even offensive to some,” but they are still covered by the Arizona Constitution’s protection of free speech. “The guarantees of free speech and freedom of religion are not only for those who are deemed sufficiently enlightened, advanced, or progressive. They are for everyone,” Justice Andrew Gould wrote for the majority in the 4-3 decision. Gould said the case was only about freedom of speech and religion, and that it was “mischaracterization” to say it dealt with “discriminatory conduct based on a customer’s sexual orientation.” But in a dissenting opinion, Justice Scott Bales said discrimination by a business is exactly what the case was about, “even if that disapproval is based on sincerely held religious beliefs.” “This case does not concern the content of the made-to-order wedding products, but instead the identity of the customer and end user. […]
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