On June 7, 2018, the Arizona LGBT Bar Association issued this statement following the Supreme Court's decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission and the Arizona Court of Appeals' decision in Brush & Nib v. City of Phoenix.
This week, Arizonans have seen two decisions that reaffirm our country’s longstanding rule that states and cities can bar businesses that are open to the public from turning customers away because of who they are.
The Masterpiece Cakeshop case involved a baker who refused to sell a wedding cake to a same-sex couple in violation of Colorado’s statewide non-discrimination law. Although the Supreme Court ruled for the baker, it did so on grounds that are specific to that particular case and will have little to no applicability to future cases. And the Court clearly signaled that the broader rule the bakery was seeking here—a constitutional right to discriminate and turn customers away because of who they are—is not in keeping with American constitutional tradition.
The Brush & Nib case involved a preemptory challenge to the constitutionality of the City of Phoenix’s anti-discrimination ordinance brought by a company that sells artwork for home décor, weddings, and special events. The Arizona Court of Appeals upheld the substantive portion of the City’s ordinance and concluded that, “if Appellants, as an economic entity, want to operate their for-profit business as a public accommodation, they cannot discriminate against potential patrons based on sexual orientation.”
Although many in our community are disappointed with the specific outcome in Masterpiece Cakeshop. the Arizona LGBT Bar Association celebrates that the Masterpiece Cakeshop and Brush & Nib decisions affirm the overarching principal that laws against discrimination are essential to maintaining America’s open society. We further embrace the points exemplified in Justice Kagan’s concurrence in Masterpiece Cakeshop—that the Constitution protects equal rights for LGBTQ people and for religious people, and that discrimination is wrong, whether based on sexual orientation or religious belief. That is why the Arizona LGBT Bar Association will continue to work with our community partners to promote a state-wide anti-discrimination ordinance that protects all LGBT Arizonans from discrimination in the workplace, housing, and public accommodations.
The Masterpiece Cakeshop case involved a baker who refused to sell a wedding cake to a same-sex couple in violation of Colorado’s statewide non-discrimination law. Although the Supreme Court ruled for the baker, it did so on grounds that are specific to that particular case and will have little to no applicability to future cases. And the Court clearly signaled that the broader rule the bakery was seeking here—a constitutional right to discriminate and turn customers away because of who they are—is not in keeping with American constitutional tradition.
The Brush & Nib case involved a preemptory challenge to the constitutionality of the City of Phoenix’s anti-discrimination ordinance brought by a company that sells artwork for home décor, weddings, and special events. The Arizona Court of Appeals upheld the substantive portion of the City’s ordinance and concluded that, “if Appellants, as an economic entity, want to operate their for-profit business as a public accommodation, they cannot discriminate against potential patrons based on sexual orientation.”
Although many in our community are disappointed with the specific outcome in Masterpiece Cakeshop. the Arizona LGBT Bar Association celebrates that the Masterpiece Cakeshop and Brush & Nib decisions affirm the overarching principal that laws against discrimination are essential to maintaining America’s open society. We further embrace the points exemplified in Justice Kagan’s concurrence in Masterpiece Cakeshop—that the Constitution protects equal rights for LGBTQ people and for religious people, and that discrimination is wrong, whether based on sexual orientation or religious belief. That is why the Arizona LGBT Bar Association will continue to work with our community partners to promote a state-wide anti-discrimination ordinance that protects all LGBT Arizonans from discrimination in the workplace, housing, and public accommodations.
