Posted on 12/08/2016 9:06:37 AM PST by SeekAndFind
A pair of Christian artists may face several months in prison for refusing to make wedding invitations for a same-sex ceremony due to an Arizona city ordinance.
Joanna Duka and Breanna Koski of Brush & Nib Studio are appealing a court decision from a September ruling against their lawsuit, claiming that a Phoenix city ordinance violates their freedom of expression and freedom of religion.
Duka and Koski are being represented by the Alliance Defending Freedom, a conservative law firm that often tackles religious liberty cases.
ADF attorney Kristen Waggoner, who is representing the two artists, said in an interview last week on the Fox News program "The Kelly File" that the case "involves artistic expression."
"The issue here is whether the government can force artists to create art in violation of their convictions and this ordinance actually imposes jail time potentially on artists as well as fines," stated Waggoner.
"Six months in jail for every day Joanna and Breanna are not in compliance. We don't force artists to create artistic expression under threat of jail time."
In May, Duka and Koski filed suit against the City of Phoenix arguing that Phoenix City Code Section § 18.4(B) violates their religious freedom.
Titled "Discrimination in public accommodations," the city code section bars discrimination "in places of public accommodation against any person because of race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability."
"No person shall, directly or indirectly, refuse, withhold from, or deny to any person, or aid in or incite such refusal, denial or withholding of, accommodations, advantages, facilities or privileges thereof because of race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability nor shall distinction be made with respect to any person," continued the ordinance.
"It is unlawful for any owner, operator, lessee, manager, agent or employee of any place of public accommodation to directly or indirectly display, circulate, publicize or mail any advertisement, notice or communication which states or implies that any facility or service shall be refused or restricted because of race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability."
City Code Section § 18.4(B) did include an exemption for "bona fide religious organizations" regarding "the prohibitions concerning marital status, sexual orientation, or gender identity or expression." However, this exemption did not apply to businesses.
Filed as a "pre-enforcement civil rights lawsuit," Duka and Koski's suit argues that by not protecting for-profit like their artistic business the ordinance should be declared "unconstitutional."
"Phoenix law strips artists of their freedom to choose what to create and what to say in the marriage context," read the suit.
"These provisions also prevent Plaintiffs from explaining why they only support one-man/one- woman marriage and why they cannot create art for marriages (such as same-sex marriages) that contradict their religious beliefs about marriage."
In September, Arizona Superior Court Judge Karen A. Mullins ruled against the suit, concluding among things that the act of creating a wedding invitation for a same-sex ceremony "does not compel Plaintiffs to convey a government mandated message, such as an endorsement or pledge in favor of same-sex marriages, nor does it convey any message concerning same-sex marriage."
"It is absurd to think that the fabricator of a wedding invitation for a same-sex couple has endorsed same-sex marriage merely by creating or printing that invitation," wrote Judge Mullins.
"Moreover, there is nothing about the creative process itself, such as a flower or vine or the choice of a particular font or color, that conveys any pledge, endorsement, celebration, or other substantive mandated message by Plaintiffs in regard to same-sex marriage."
I have this queasy feeling that there is some sinister plot by gay activists to “select” certain Christian businesses to target. This has been happening with increasing frequency.
Whatever happened to private business’s “We reserve the RIGHT to refuse service”??????
Look for musicians to be targeted next.
That seems to be what is happening. This isn’t about the ability to GET the cakes, this is about the ability to FORCE those objecting to supporting such behavior to FURNISH the cakes.
We have a new atmosphere coming, however. This old problem may have a new resolution, very soon. Christians hang in there. Jesus is coming, if not physically yet, then by means of revival.
The feds are not constitutionally authorized to take any action against private discrimination and state laws that interfere with private discrimination are unjust and should be overturned.
Liberals seem to think that you give up your first amendment rights if you choose to earn your living by starting your own business to supply people a service.
i.e. if you want true religious freedom, you may only be an employee. And even then it’s baloney.
The only thing I can think of in a case like this is that they just do a really, REALLY bad job. When someone complains, they can just say, “We’re artists. Our hearts just weren’t in it. Sorry.”
The only remedy I can see is normal leaders/politicians enter the fray and by overpowering practice, relegate the sodomite subject to the nether regions it belongs.
ALL of our troubles are because people in power positions allowed the precident to be established or legislated them into being.
As our Lord said about divorce ...
"In the beginning it was not so"
I wonder when they will start jailing Muslims for not serving the gay community?
Slave labor for the gays!
Who knew.
It doesn’t exist or is no longer enforced????
“Discrimination in public accommodations,” the city code section bars discrimination “in places of public accommodation against any person because of race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability.”
“No person shall, directly or indirectly, refuse, withhold from, or deny to any person, or aid in or incite such refusal, denial or withholding of, accommodations, advantages, facilities or privileges thereof because of race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability nor shall distinction be made with respect to any person,” continued the ordinance.
If the perverts wanted business cards printed up for their driveway cleaning service and they were refused because of their sexually deviant lifestyle, then this ordinance would apply.
Like the sexual deviants that went to a deli and were served lots of times, but when they wanted to deli to cater their wedding, they refused. It’s the event, not the people, that the company can not support.
First fines, now jail. Why stop there. Put anyone to death who disagrees with the ruling elites.
(sarc - for those that might not have active sarc radar).
This filth is targeting every perceived obstacle because they've learned there's money to be made in damages.
I pray for a precipitating event that will send them back into the closet. Even Oscar Wildish.
Of course that’s what they’re doing. It’s a commie tactic.
It's not a plot or conspiracy, they've been actively, publicly doing it for over 10 years. TThis is all about bringing Christianity down. Period. It's always been about that.
“JAIL?”
Pure fascism.
Don’t forget about the Jews caught up in this. I’m a watchmaker who also does engraving, a service left over from my former Jewelry store.
Two MEN came in to have their wedding rings engraved. What they wanted required 2 lines of engraving. When I said I COULDN’T do them they cursed me and said I’d be in trouble over this.
(I “couldn’t” do the desired engraving due to the LACK of the special engraving dials for double line lettering.)
Believe me, I worried about this for weeks, although nothing ever happened.
Oh, I would have done single line engraving. $$$$$$
Of course there is! What normal person with honest motives would sue a business because they didn't want their business. If I go into a florist shop or a printer and they don't want my business, for any reason whatsoever, I would simply find someone who did! Any normal person would.
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