Gabriel: Is same-sex marriage more important than free speech? In Phoenix, it is

Jon Gabriel: Freedom of expression is a constitutional right. But Phoenix is trampling all over it in the name of 'diversity.'

Jon Gabriel
opinion contributor
Artists Breanna Koski and Joanna Duka (right) are challenging Phoenix's anti-discrimination ordinance, Duka talks about their case following oral arguments at the Arizona Court of Appeals on Apr. 23, 2018 in Phoenix, Ariz.

Breanna Koski is a painter. Joanna Duka is a calligrapher. Together, they create beautiful artwork for special occasions, especially weddings.

But shortly after the two young friends launched Brush and Nib Studio, they met an unexpected obstacle blocking their artistic expression: The city of Phoenix.

A city ordinance requires Koski and Duka to create their custom artwork for all wedding ceremonies, whether traditional or same-sex. As committed Christians – the pair met at a Bible study – this conflicts with their deeply held religious beliefs.

The two happily serve all individuals regardless of their sexual orientation. Their consciences, however, don’t allow them to promote weddings that they consider inconsistent with their faith.

They can't even talk publicly about marriage

If Brush and Nib was mass-producing generic announcements, that would be one thing. But each of their creations is hand-painted and hand-lettered after a long meeting with the clients.

Even worse than the city’s compelled artistic expression, the Phoenix law also forbids them from publicly expressing their beliefs on the matter of marriage. So much for free speech.

Since Phoenix’s sweeping ordinance violates their right to free expression, both artistically and on matters of faith, Koski and Duka took their concerns to the justice system.

Last year, a Maricopa County Superior Court judge ruled against the two entrepreneurs. Late last month, they appealed that decision, with oral arguments taking place on April 23.

Penalty for speaking: Jail, fines, probation

"We pour our hearts and souls into the custom artwork we create and we care deeply about the messages they express," Duka said at a press conference following the hearing.

"We would like to tell you more, but right now Phoenix law limits even what we can share with you today."

Those were her last words; the city succeeded in shutting her up.

MONTINI:No, you can't discriminate, court tells Phoenix business

What would have happened if she said any banned words? She and her business partner could receive up to six months in jail, $2,500 in fines and three years of probation for each day the city decided there was a violation.

Brush and Nib is facing the same dilemma as many small businesses around the country.

Washington, Colorado have done the same

Washington state fined a grandmother for not creating a custom floral arrangement for a same-sex wedding, even though she had served the same-sex clients countless times for many other occasions.

A Colorado court ruled against a grandfather for not creating a custom cake for a same-sex wedding. Jack Phillips also won’t make cakes for Halloween, divorces or cakes that “disparage” the LGBT or other communities. The wedding cake was the only one that got him hauled before civil authorities.

The First Amendment guarantees freedom of religion, as does the Arizona Constitution. The U.S. Supreme Court has ruled that freedom of expression is also inviolate, especially in matters of artistry. Even so, state and local governments are trampling all in the name of “diversity.”

How ironic.

Irony: To eliminate bigotry, we require it

While Phoenix’s law has an excellent intention – eliminating bigotry against protected classes – its enforcement requires state-sanctioned bigotry against other protected classes.

It would be ludicrous for government to force Jewish artists to create paintings celebrating Easter or force atheist artists to promote Islamic beliefs. Either would be as offensive as forcing Muslim bakers to cater a pork barbecue.

Likewise, Phoenix is wrong to force Koski and Duka to create messages that violate their consciences, even if their traditional beliefs became unpopular a few years ago.

Same-sex marriage is the law of the land. But so is freedom of expression and freedom of religion.

Jon Gabriel, a Mesa resident, is editor-in-chief of Ricochet.com and a contributor to The Republic and azcentral.com. Follow him on Twitter at @exjon.

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