SCOTUS Decision Unlikely To Affect Arizona Anti-Discrimination Case

By Bret Jaspers
Published: Monday, June 4, 2018 - 7:48pm
Updated: Tuesday, June 5, 2018 - 9:09am
Maricopa County Clerk of Superior Court
Maricopa County Superior Court South Court Tower in downtown Phoenix.

Despite the similarities, the Masterpiece Cakeshop decision at the Supreme Court may not affect an Arizona case now at the state Court of Appeals.

The nation’s highest court ruled Monday that a Colorado baker’s religious beliefs were disrespected by the Colorado Civil Rights Commission. It did not, however, settle the question of whether being forced to make a same-sex wedding cake violated the baker’s free speech rights.

The Arizona case, Brush & Nib et. al. v. City of Phoenix, concerns two evangelical Christians who own a calligraphy business. They are represented by the same Christian legal group that brought the Colorado case, Alliance Defending Freedom.

Last year a judge rejected the argument that Phoenix’s anti-discrimination law violates the calligraphers’ religious freedom. She also said Brush & Nib could not advertise that they would not serve same-sex couples.

Barbara Atwood of the University of Arizona said Monday’s Supreme Court decision doesn’t seem to apply to the Phoenix case. According to Atwood, the calligrapher’s religious beliefs were taken seriously by Maricopa County Superior Court Judge Karen Mullins.

“She gave it the kind of neutral and dispassionate evaluation that Justice Kennedy said was missing in the Colorado case,” Atwood said. “There’s been a sort of respectful and objective weighing under established constitutional principles.”

The Brush & Nib case is now before the Arizona Court of Appeals. A decision is expected by the end of the summer.