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City of Phoenix Defends Anti-Discrimination Law

November 27th, 2018

The City of Phoenix recently took defensive legal action against claims the city’s anti-discrimination ordinance should be declared invalid.

The City of Phoenix recently took defensive legal action against claims the city’s anti-discrimination ordinance should be declared invalid.

The City of Phoenix recently took defensive legal action against a law firm that claims the city’s anti-discrimination ordinance should be declared invalid because companies have the right to refuse service to individuals on the basis of sexual orientation. While it remains uncertain how this case will resolve, it has the potential to profoundly influence how anti-discrimination ordinances in Phoenix as well as the rest of the country are enforced.

How the Case Arose

The case involves the owners of a studio who are also self-professed “devout Christians” and believe the only legitimate marriage is between one man and one woman. As a result of their beliefs, the studio owners do not want to be forced to prepare wedding invitations as well as other materials for same-sex couples on the basis that doing so would require them to endorse beliefs that are contrary to their religious views. The studio owners also want to be able to post a sign at their company espousing their views.

The Argument Raised by the Studio Owners

The studio owners are represented in this case by legal counsel from the Alliance Defending Freedom, which is a conservative Christian group. The studio owners have commented that they are willing to sell any of their pre-made artwork to anyone, including same-sex couples. However, the studio owners refuse to create artwork to celebrate same-sex weddings because this violates the studio owners’ religious beliefs. As a result, the studio owners refuse to make the same products they would for heterosexual couples if the products will be used by same-sex couples.

The Argument Raised by the City

As part of its most recent legal filings, the City of Phoenix argues that there is not a valid dispute in the case. Instead, legal counsel on behalf of the City of Phoenix argues that the case involves commerce rather than art, speech, or religious beliefs. In support of its argument, city lawyers point to the long established law that the government will not infringe on a person’s freedom of religion or speech by prohibiting access to public accommodations on the basis of a person’s race, religion, or sexual orientation. City lawyers argue that if a company is willing to make items for heterosexual couples, the company is prohibited from refusing to provide a similar service to same-sex couples.

The Impact of the Case

The ruling in this case will have an impact on matters well beyond the Phoenix anti-discrimination ordinance. The ruling will likely influence other Arizona cities with similar laws like Flagstaff, Tempe, and Tucson. The law will likely impact other cities throughout the United States with anti-discrimination ordinances, as well.

The Goals of the Universal Life Church’s Blog

It remains uncertain exactly how this case will be decided. There is also not a date issued yet about when a ruling will be made. Each month, the Universal Life Church updates its readers on the most noteworthy issues in the area of LGBTQ rights.

(image courtesy of Clem Onojeghuo)


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